Monthly Archives: December 2022

M.D.Fla.: The fact a USMJ issued SW doesn’t preclude that judge from hearing a motion to suppress

The fact a USMJ issued a search warrant doesn’t preclude that judge from hearing a motion to suppress. United States v. Silva, 2022 U.S. Dist. LEXIS 233243 (M.D. Fla. Dec. 29, 2022). State court’s finding of procedural default on Fourth … Continue reading

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Cal.: Officer spotlighting a parked car and then approaching isn’t necessarily a seizure

“A sheriff’s deputy patrolling after dark saw three people sitting in a legally parked car in a residential neighborhood, smoking something. He pulled up behind the car, illuminated it with a spotlight, and approached on foot. We granted review to … Continue reading

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NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by

NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by Michael Levinson (“A police officer at Nashville International Airport told travelers whose Southwest flights had been canceled that they would be arrested for trespassing if they did not leave … Continue reading

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WI: REP in Cloud storage of data from warrantless search

A public employee’s Dropbox account was searched without a warrant by seeking to enter by his user name and changing the password. There is a reasonable expectation of privacy in Cloud storage of digital data when one does not share … Continue reading

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OR: Computer hard drive with contraband could be destroyed with guilty plea

By defendant’s plea to a sex and child porn offense, the state could destroy the computer hard drives where the contraband was found. The seizure was in 2003, and the trial was 2017. State v. Forker, 323 Or. App. 323 … Continue reading

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CA9: 4A requires no less intrusive measures for inventory

The officers impounding defendant’s vehicle weren’t constitutionally required to allow him to contact others to take possession of the vehicle for him. United States v. Anderson, 2022 U.S. App. LEXIS 35865 (9th Cir. Dec. 29, 2022). See Metropolitan News-Enterprise Three … Continue reading

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WaPo: Lawsuit alleges D.C. Housing’s cameras could ‘capture intimate details’

[I don’t normally bother to mention lawsuits until resolved, but SCOTUS is considering a pole camera case for conference in the next month or so.] WaPo: Lawsuit alleges D.C. Housing’s cameras could ‘capture intimate details’ by Justin Wm. Moyer:

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N.D.Okla.: NCIS SW in Japan as violation of Posse Comitatus Act was waived by guilty plea

Defendant was the subject of an NCIS search warrant while stationed in Japan. That led to his prosecution in the Northern District of Oklahoma. His guilty plea waived his claim the Posse Comitatus Act was somehow violated. United States v. … Continue reading

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NY Monroe Co.: Parts of NY red flag law may violate 2A and 4A

Parts of the NY red flag law concern the court. A taking of firearms should be based on a mental health professional’s assessment of danger to protect both Second and Fourth Amendment rights and procedural rights. G.W. v. C.N., 2022 … Continue reading

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E.D.N.Y.: “MS-13 paraphernalia, photographs, and/or graffiti” satisfied particularity

In a RICO prosecution of MS-13, the search warrant included “MS-13 paraphernalia, photographs, and/or graffiti” and this satisfied particularity. United States v. Saenz, 2022 U.S. Dist. LEXIS 231895 (E.D.N.Y. Dec. 27, 2022):

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TN: SW for cell phone images of drugs supported accidental finding of CP

Officers had a search warrant for defendant’s phone to look for images and messages about drug transactions. That led them to stumble upon child pornography as well. The warrant and search were valid. State v. Greenman, 2022 Tenn. Crim. App. … Continue reading

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CA3: SOL for arrest and search under § 1983 runs from then

The SOL begins with plaintiff’s arrest and search, not the prosecution. Here it was time-barred. (Plaintiff also doesn’t establish any grounds for equitable tolling other than the library was inaccessible during Covid, and he did nothing for over two years.) … Continue reading

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CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

“[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under the Fourth Amendment. United States v. Becker, 2022 U.S. App. LEXIS 35626 (8th Cir. Dec. 27, 2022). … Continue reading

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CA6: Affidavit circumstantially supported nexus

There was nexus to defendant’s home as a base of operations for drug sales based on circumstantial evidence in the affidavit for warrant. United States v. Pointer, 2022 U.S. App. LEXIS 35506 (6th Cir. Dec. 20, 2022).* The search warrant … Continue reading

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NY3: On parole out of your county and lying about travels RS for parole search

Defendant was on parole and stopped outside his residence county. That was reasonable suspicion for a parole search. Plus, defendant’s multiple and inconsistent explanations about his travels, which the police officers knew were false, coupled with his parole situation and … Continue reading

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PA: Attachment to a warrant can provide particularity

The attachment to a warrant can provide particularity. While one ground to suppress was mostly litigated, it was apparent the other ground wasn’t waived or abandoned. Commonwealth v. Young, 2022 PA Super 220 (Dec. 23, 2022).* “Here, the record demonstrates … Continue reading

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S.D.Ill.: Overheard comment CI would be harmed was RS for stop

Overheard information that defendant was traveling to Cape Girardeau, Missouri to harm a CI was reasonable suspicion for his stop. When a dog alerted, too, that permitted a search anywhere in the car where drugs could be hidden. United States … Continue reading

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OH8: Calling for drug dog after warning ticket issued unreasonably extended stop

“Regardless, Officer Ashenfelter acknowledged that the traffic violation investigation was completed at 11:10. He called for the canine unit at 11:12, and the canine unit arrived at 11:18 a.m. [¶] Thus, the evidence reflects that the officer, after completing his … Continue reading

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Lawfare Podcast: Chris Slobogin on Virtual Searches

Lawfare Podcast: Chris Slobogin on Virtual Searches by Jen Patja Howell:

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S.D.N.Y.: The SW was as particular as the information officers had would allow

“In this case, by contrast, there is no indication that law enforcement had a wealth of detailed information that was not reflected in the search warrant. The Premises Warrant was not required to provide more details regarding the specific electronic … Continue reading

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