Daily Archives: September 22, 2022

GA: Officers with an arrest warrant can enter the backyard, too

Officers with an arrest warrant for defendant at his place were permitted to enter the backyard too, where evidence was seen and seized. Jones v. State, 2022 Ga. LEXIS 256 (Sep. 20, 2022). Not mentioning in the affidavit for search … Continue reading

Posted in Arrest or entry on arrest, Curtilage, Ineffective assistance, Informant hearsay, Reasonable suspicion | Comments Off on GA: Officers with an arrest warrant can enter the backyard, too

S.D.N.Y.: Two years to search a password protected computer, and more after mistrial, was not unreasonable

The government got a search warrant for defendant’s computer in days, but it took two years to complete the forensic review because of password protection. The two-year delay was thus not unreasonable. After a mistrial, the government kept searching, and … Continue reading

Posted in Computer and cloud searches, Reasonableness | Comments Off on S.D.N.Y.: Two years to search a password protected computer, and more after mistrial, was not unreasonable

MA: Def not prejudiced by third party’s response to SW

A third party in possession of Medicaid records was served with a search warrant, and appellant complains of the procedural nature of the third party’s response. [Aside from no standing,] Appellant doesn’t even attempt to show that the exclusionary rule … Continue reading

Posted in Burden of pleading, Exclusionary rule, Third Party Doctrine | Comments Off on MA: Def not prejudiced by third party’s response to SW

E.D.Pa.: On scene seizure for a show-up was reasonable

Defendant’s seizure hiding behind a motorcycle for a victim’s ID to determine whether he was involved in a car jacking was reasonable. United States v. Dangerfield-Hill, 2022 U.S. Dist. LEXIS 168306 (E.D. Pa. Sep. 19, 2022). District court’s injunction against … Continue reading

Posted in § 1983 / Bivens, Issue preclusion, National security, Reasonable suspicion | Comments Off on E.D.Pa.: On scene seizure for a show-up was reasonable