Daily Archives: March 9, 2022

D.Ariz.: Telling def to get out of vehicle and sit on curb is seizure

“The Court concludes that the encounter transformed into a seizure only moments later, when Deputy Baptista asked Defendant to step out of the vehicle and have a seat on the curb. Although these requests were phrased as questions, they would … Continue reading

Posted in Reasonableness, Seizure, Waiver | Comments Off on D.Ariz.: Telling def to get out of vehicle and sit on curb is seizure

NY Co.: Failure to execute SW in ten days voids it

The search warrant wasn’t executed within 10 days as required by statute where it had to be returned to the court if not. Suppressed. People v. Tonner, 2022 NY Slip Op 50175(U), 2022 N.Y. Misc. LEXIS 833 (N.Y. Co. Feb. … Continue reading

Posted in Prison and jail searches, Protective sweep, Strip search, Warrant execution | Comments Off on NY Co.: Failure to execute SW in ten days voids it

ID: 5th wheel trailer parked, slides out, and hooked up to electricity was an outbuilding subject to the SW

A fifth-wheel trailer parked, jacked, chocked, with extensions out and hooked up to electricity was on the property to be searched. It was not specified in the warrant, but it was treated as an outbuilding covered by the warrant. The … Continue reading

Posted in Curtilage, Good faith exception, Scope of search, Waiver | Comments Off on ID: 5th wheel trailer parked, slides out, and hooked up to electricity was an outbuilding subject to the SW