Daily Archives: March 12, 2022

D.Md.: Covid helped explain the delay in SW for cell phone search

This cell phone was reasonably seized under a warrant. The second warrant was issued a few weeks later, but, because of covid, the delay was reasonable. United States v. Reaves, 2022 U.S. Dist. LEXIS 43243 (D.Md. Mar. 9, 2022). “Defendant … Continue reading

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FL2: SW affidavit didn’t support nexus to home; GFE not applicable

The affidavit for search warrant here didn’t show nexus to defendant’s home, and the good faith exception doesn’t carry it. Smitherman v. State, 2022 Fla. App. LEXIS 1715 (Fla. 2d DCA Mar. 11, 2022):

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Child removal claim is the child’s, not the parents’

“Plaintiff may not maintain an action on behalf for her child for this removal because ‘Fourth Amendment rights are personal rights which … may not be vicariously asserted.’ Alderman v. United States, 394 U.S. 165, 174 (1969); Southerland v. City … Continue reading

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Reason: The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie

Reason: The Fourth Amendment and Geofence Warrants: A Critical Look at United States v. Chatrie by Orin Kerr:

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