Daily Archives: August 30, 2021

IL: Def’s personal relationship to premises to be searched is relevant and has to be viewed in the context of the totality

Nexus for the premises was shown in the search warrant affidavit. Defendant’s personal relationship to the premises is relevant and has to be evaluated in context of the totality. On sufficiency of the evidence, however, defendant’s conviction is reversed for … Continue reading

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D.N.J.: Review in a motion to suppress is not de novo

The affidavit for search warrant was based on probable cause. Review in a motion to suppress is not de novo. United States v. Harper, 2021 U.S. Dist. LEXIS 162543 (D.N.J. Aug. 26, 2021). Defendant was stopped with reasonable suspicion, and … Continue reading

Posted in Cell phones, Consent, Standards of review | Comments Off on D.N.J.: Review in a motion to suppress is not de novo