Daily Archives: August 1, 2021

CA7: SW affidavit would have been useful at sentencing on drug quantity but defense didn’t offer it

The search warrant affidavit here could have been relevant to the drug quantity calculation, and defendant should have put it into evidence at sentencing. United States v. Rollerson, 2021 U.S. App. LEXIS 22622 (7th Cir. July 30, 2021). Defendant was … Continue reading

Posted in Abandonment, Admissibility of evidence, Probation / Parole search | Comments Off on CA7: SW affidavit would have been useful at sentencing on drug quantity but defense didn’t offer it

D.Maine: Officer’s subjective motivations for crime fighting didn’t make an otherwise reasonable traffic stop unreasonable

The state trooper that stopped defendant for an objective traffic violation apparently had subjective motivation to look for other crimes, but his subjective motives aren’t determinative of anything. United States v. Fagan, 2021 U.S. Dist. LEXIS 141949 (D. Maine July … Continue reading

Posted in Attenuation, Reasonable suspicion, Suppression hearings | Comments Off on D.Maine: Officer’s subjective motivations for crime fighting didn’t make an otherwise reasonable traffic stop unreasonable

UT: Information omitted from SW affidavit added in still shows PC

The omitted information still leaves probable cause. Here, the warrant was for cell tower location information to connect defendant to the burglary of the victims’ house while they slept. State v. Gonzalez, 2021 UT App 83, 2021 Utah App. LEXIS … Continue reading

Posted in Franks doctrine, Qualified immunity, Reasonable suspicion | Comments Off on UT: Information omitted from SW affidavit added in still shows PC

TN: Consent in the face of a threat to get a SW is invalid where no PC

Defendant’s consent in the face of the officer’s threat to get a search warrant was involuntary where there was no probable cause for a warrant. State v. Cohen, 2021 Tenn. Crim. App. LEXIS 356 (July 29, 2021). There was reasonable … Continue reading

Posted in Border search, Cell phones, Seizure | Comments Off on TN: Consent in the face of a threat to get a SW is invalid where no PC

S.D.Ind.: Blood in car transporting shooting victim to ER justified SW for it

Defendant was driven to an ER after 2 am for having been shot. Out in the ER parking was the car with blood and guns in it. A state judge issued a search warrant for the car, and that resulted … Continue reading

Posted in Abandonment, Probable cause, Reasonable suspicion | Comments Off on S.D.Ind.: Blood in car transporting shooting victim to ER justified SW for it

N.D.Ill.: Carpenter did not signal SCOTUS’s abandonment of the third party doctrine

Carpenter did not signal SCOTUS’s abandonment of the third party doctrine to non-CSLI. United States v. Osadzinski, 2021 U.S. Dist. LEXIS 141637 (N.D.Ill. July 29, 2021)*:

Posted in Third Party Doctrine | Comments Off on N.D.Ill.: Carpenter did not signal SCOTUS’s abandonment of the third party doctrine

NM: Legality of search and seizure not an issue for preliminary hearing

It is not the district court’s statutory function to consider the legality of seizure of evidence at a preliminary hearing. State v. Ayon, 2021 N.M. App. LEXIS 44 (July 27, 2021):

Posted in Admissibility of evidence | Comments Off on NM: Legality of search and seizure not an issue for preliminary hearing