Daily Archives: April 19, 2021

WaPo: First Amendment groups ask Supreme Court for access to surveillance court opinions

WaPo: First Amendment groups ask Supreme Court for access to surveillance court opinions by Spencer S. Hsu:

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M.D.Pa.: 13 month delay between seizure of 2 cell phones and their search was not unreasonable

13 month delay between seizure of two cell phones and their search was not unreasonable on the totality. United States v. Wright, 2021 U.S. Dist. LEXIS 73534 (M.D. Pa. Apr. 16, 2021):

Posted in Cell phones, Warrant execution | Comments Off on M.D.Pa.: 13 month delay between seizure of 2 cell phones and their search was not unreasonable

KS: Paying for a car you don’t own doesn’t give standing

Just because defendant paid for the car he was a passenger in, it wasn’t his. He lacked standing in the car. State v. Scheuerman, 2021 Kan. App. LEXIS 15 (Apr. 16, 2021). 2255 petitioner’s claim the video to his surveillance … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on KS: Paying for a car you don’t own doesn’t give standing

CA7: Stop was pretextual but with RS; prolonging it was not

While the stop was found pretextual, but justified by reasonable suspicion of a traffic offense, it was extended unreasonably under Rodriguez and Caballes. United States v. Cole, 2021 U.S. App. LEXIS 11013 (7th Cir. Apr. 16, 2021) (dissent):

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OH2: Motion for return of firearm seized from def subjected to mental exam should have been granted

Defendant’s motion for return of his firearm should have been granted. It was taken from him when he was held for a mental examination by court order. He was entitled to the processes of the forfeiture statute for return of … Continue reading

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NC: State has burden of proof BRD on 4A harmless error

The state carries the burden of proving harmless error for a Fourth Amendment beyond a reasonable doubt. State v. Scott, 2021-NCSC-41, 2021 N.C. LEXIS 321 (Apr. 16, 2021). The evidence supports that the person consenting had apparent and actual authority … Continue reading

Posted in Apparent authority, Burden of proof, Reasonable suspicion, Search, Standards of review | Comments Off on NC: State has burden of proof BRD on 4A harmless error