Daily Archives: June 10, 2021

D.Conn.: Unreasonable delay in getting SW for cell phone defeats GFE

Where the officers impermissibly delayed obtaining a search warrant for defendant’s cell phone, the good faith exception does not apply. The initial seizure of the phone was valid because it was left at a crime scene. United States v. Tisdol, … Continue reading

Posted in Cell phones, Good faith exception, Staleness, Waiver, Warrant requirement | Comments Off on D.Conn.: Unreasonable delay in getting SW for cell phone defeats GFE

E.D.Wisc.: Domestic abuse victim bleeding outside had apparent authority to consent to entry and search

A domestic abuse victim police encountered bleeding outside had apparent authority to consent to an entry and search of the property. As the police came up, she said “He beat me bad this time.” Quintero v. Vega, 2021 U.S. Dist. … Continue reading

Posted in Apparent authority, Franks doctrine, Probable cause | Comments Off on E.D.Wisc.: Domestic abuse victim bleeding outside had apparent authority to consent to entry and search

Reason: Gorsuch Pushes Stronger Fourth Amendment Protections

Reason: Gorsuch Pushes Stronger Fourth Amendment Protections by Damon Root (“Can a cop enter a suspect’s home without a warrant if they’re in pursuit and have probable cause to believe the suspect has committed a misdemeanor?”):

Posted in Emergency / exigency, Hot pursuit | Comments Off on Reason: Gorsuch Pushes Stronger Fourth Amendment Protections

CA6: Second officer’s running wants and warrants on passenger didn’t delay the first officer’s stop

A second officer running warrants on detainees from a justified vehicle stop did not have anything to do with the original mission of the stop. “Officer Hogan questioned the passenger while Officer Holland dealt with Brewer, and we do not … Continue reading

Posted in Ineffective assistance, Probable cause, Reasonable suspicion | Comments Off on CA6: Second officer’s running wants and warrants on passenger didn’t delay the first officer’s stop

LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power?

LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power? by Michael Finnegan (“When FBI agents asked for permission to rip hundreds of safe deposit boxes from the walls of a … Continue reading

Posted in Forfeiture | Comments Off on LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power?