Daily Archives: July 3, 2022

S.D.Ind.: Inordinate delay in producing cell phone search discovery doesn’t justify dismissal

The government’s untimely discovery response to defendant’s repeated requests for the product of his cell phone search doesn’t warrant dismissal of the indictment. Probable cause was shown for the cell phone search, and the motion to suppress is denied. United … Continue reading

Posted in Cell phones, Franks doctrine, Probable cause, Reasonable suspicion, Warrant execution | Comments Off on S.D.Ind.: Inordinate delay in producing cell phone search discovery doesn’t justify dismissal

E.D.Va.: No RS for protective sweep of car for weapon

The officers lacked reasonable suspicion for a protective sweep of defendant’s car. His actions did not support any suggestion he might be armed. United States v. Trice, 2022 U.S. Dist. LEXIS 115463 (E.D. Va. June 29, 2022).* Defendant’s refusal to … Continue reading

Posted in Custody, Protective sweep, Reasonable suspicion | Comments Off on E.D.Va.: No RS for protective sweep of car for weapon

CO: Dog sniff after legal possession became law suppressed; no RS

A dog sniff after Amendment 64 legalized personal possession of marijuana in Colorado was unjustified, unreasonable, and suppressed. Other case law already put the issue in doubt before this search occurred. There was no reason to suspect the occupants of … Continue reading

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