Daily Archives: December 11, 2021

CA10 explains nondomestic FISA surveillance in easy detail

For a detailed explanation of nondomestic FISA activities and phone call surveillance, see United States v. Muhtorov, 2021 U.S. App. LEXIS 36170 (10th Cir. Dec. 8, 2021) (No warrant or court order is required to surveil foreign persons’ conversations outside … Continue reading

Posted in F.R.Crim.P. 41, FISA, Ineffective assistance | Comments Off on CA10 explains nondomestic FISA surveillance in easy detail

CA3: Coast Guard needs only RS to board a vessel to inspect the Oil Record Book about pollution

The Coast Guard had the authority under 14 U.S.C. § 522(a) to conduct a pollution inspection of defendant’s vessel and look at the Oil Record Book. “The Coast Guard’s preliminary examination of the Oil Record Book and Oily Water Separator … Continue reading

Posted in Administrative search, Prison and jail searches, Probation / Parole search, Strip search | Comments Off on CA3: Coast Guard needs only RS to board a vessel to inspect the Oil Record Book about pollution

IL: Def’s stop and obtaining DL was permitted by Terry so alleged illegal arrest is moot point

Officers had sufficient information for a Terry stop. They arrested defendant and got his DL and identifiers. Even if the arrest was illegal, the Terry stop would not have been and the same information would have been available. Therefore, there … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Stop and frisk | Comments Off on IL: Def’s stop and obtaining DL was permitted by Terry so alleged illegal arrest is moot point

E.D.Mich.: Finding drugs on person during traffic custodial arrest permits vehicle search

Defendant’s stop was valid because the LPN was expired. While that proved to be untrue, the officer also learned early on the car was uninsured. With defendant arrested, the officer searched his person finding cocaine. That authorized a search of … Continue reading

Posted in Automobile exception, Drug or alcohol testing, Emergency / exigency, Probable cause | Comments Off on E.D.Mich.: Finding drugs on person during traffic custodial arrest permits vehicle search

S.D.N.Y.: Press motion for disclosure of SW affidavit denied because investigation ongoing

“The Reporters Committee for Freedom of the Press (‘RCFP’), claiming rights of access grounded in the common law, asks the Court to unseal documents relating to a search warrant dated November 5, 2021 (the ‘Search Warrant’), which was executed at … Continue reading

Posted in Informant hearsay, Warrant papers | Comments Off on S.D.N.Y.: Press motion for disclosure of SW affidavit denied because investigation ongoing

E.D.Mich.: Stop was completely lacking in RS

This black defendant’s stop six minutes after a shooting call in a heavily black neighborhood (2,000 within a half mile radius) was completely lacking in reasonable suspicion. The court goes on for many pages about the government’s proffered reasonable suspicion … Continue reading

Posted in Reasonable suspicion | Comments Off on E.D.Mich.: Stop was completely lacking in RS

NC: This traffic stop was not based on an objectively reasonable view of statute; stop suppressed

The officer’s mistaken view of the law allegedly justifying the stop was not objectively reasonable under Heien and thus completely without reasonable suspicion. State v. Jonas, 2021-NCCOA-660, 2021 N.C. App. LEXIS 678 (Dec. 7, 2021). This probation search was valid: … Continue reading

Posted in Probation / Parole search, Reasonableness | Comments Off on NC: This traffic stop was not based on an objectively reasonable view of statute; stop suppressed

MS: No REP in contraband cell phone in prison

There is no reasonable expectation of privacy in a contraband cell phone in prison. United States v. Jackson, 866 F.3d 982 (8th Cir. 2017). Walker v. State, 2021 Miss. App. LEXIS 502 (Dec. 7, 2021). Accord: United States v. Basaldua, … Continue reading

Posted in Administrative search, Cell phones, Prison and jail searches, Reasonable expectation of privacy, Staleness | Comments Off on MS: No REP in contraband cell phone in prison

N.D.Ind.: 2254(d) “unreasonable application” review considered whether correct case law applied

In this 2254, the argument was that the state court’s application of law violated 2254’s “unreasonable” application standard, but it didn’t. The question was whether Michigan v. Long or Arizona v. Gant applies. “In sum, the State courts’ reliance on … Continue reading

Posted in Issue preclusion, Qualified immunity, Seizure, Unreasonable application / § 2254(d) | Comments Off on N.D.Ind.: 2254(d) “unreasonable application” review considered whether correct case law applied

LA5: Two CIs provided RS for def’s vehicle stop without need for traffic offense

The trial court’s denial of suppress is affirmed. There were two CIs. One provided details about defendant’s drug operation and the places and vehicles involved. The other provided predictive information that panned out. By the time defendant’s vehicle was stopped, … Continue reading

Posted in Ineffective assistance, Informant hearsay, Plain view, feel, smell | Comments Off on LA5: Two CIs provided RS for def’s vehicle stop without need for traffic offense

DE: Mere citation of a case in motion to suppress didn’t put state and court on notice as to other issues

Defendant’s citation of a case in his motion to suppress that was on point to only one issue but not the others was insufficient to put the state and court on notice as to the others. State v. Hollar, 2021 … Continue reading

Posted in Burden of pleading, Motion to suppress | Comments Off on DE: Mere citation of a case in motion to suppress didn’t put state and court on notice as to other issues