Daily Archives: August 30, 2022

OH11: Driver not matching owner of car not RS

Just because the driver isn’t the owner doesn’t mean the car is stolen. See Kansas v. Glover. This was extending the stop without reasonable suspicion. State v. Dunlap, 2022-Ohio-3007, 2022 Ohio App. LEXIS 2828 (11th Dist. Aug. 29, 2022); State … Continue reading

Posted in Cell site location information, Franks doctrine, Reasonable suspicion | Comments Off on OH11: Driver not matching owner of car not RS

DDC: Delay in return of seized cell phone not necessarily unreasonable; Rule 41(g) provides procedural due process

DC Metro police seized numerous cell phones from BLM protestors, and they sued to recover them. The DC police policy wasn’t followed, but only by negligence, and that doesn’t state a claim against it. Rule 41(g) applies despite lack of … Continue reading

Posted in Automobile exception, Cell phones, Excessive force, Qualified immunity, Rule 41(g) / Return of property | Comments Off on DDC: Delay in return of seized cell phone not necessarily unreasonable; Rule 41(g) provides procedural due process

D.D.C.: SW affidavit unsealed in part, protects identity of witnesses

The search warrant for Sen. Burr’s cell phone is unsealed in part after about a year under the common law right of access to judicial records. In re L.A. Times Communs. LLC to Unseal Court Records, 2022 U.S. Dist. LEXIS … Continue reading

Posted in Warrant papers | Comments Off on D.D.C.: SW affidavit unsealed in part, protects identity of witnesses