Daily Archives: December 24, 2022

W.D.Va.: This was a “well-tuned and correct” hunch by the officer, but it wasn’t RS

Ultimately there was not reasonable suspicion on the totality. It was essentially a “well-tuned and correct” hunch. Many—but not all—of the remaining reasonable suspicion factors bear a close resemblance to those presented, but ultimately rejected, in United States v. Bowman, … Continue reading

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CA7: Pro se letter to court to preserve search claim wasn’t conditional plea

Defendant pled to the indictment, having written a letter to the court that he wanted to preserve his search claim. His pro se letter did not satisfy the conditional plea rule. United States v. Turner, 2022 U.S. App. LEXIS 35476 … Continue reading

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NY1: When state doesn’t challenge standing, it’s taken as conceded

When the state doesn’t challenge standing, it’s taken as conceded. The trial court thus erred in deciding standing. People v. Bonilla, 2022 NY Slip Op 07304, 2022 N.Y. App. Div. LEXIS 7136 (1st Dept. Dec. 22, 2022). Defendant had his … Continue reading

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OH: The fact a cell phone was found at the scene of a car crash gives no PC to search it for evidence of distracted driving merely by its presence

The fact a cell phone was found at the scene of a car crash gives no probable cause to search it for evidence of distracted driving merely by its presence. “[*P1] In this appeal, we are asked to decide whether … Continue reading

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The Conversation: Not Big Brother, but close: a surveillance expert explains some of the ways we’re all being watched, all the time

The Conversation: Not Big Brother, but close: a surveillance expert explains some of the ways we’re all being watched, all the time (“Nearly ten years on, surveillance technologies permeate all aspects of our lives. They collect swathes of data from … Continue reading

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WI: When statute or ordinance on which search was based is challenged, AG or city must be present

When challenging the constitutionality of an ordinance or statute as making a search and seizure unreasonable, defendant must join the city or notify the AG to participate. Without it, that’s waiver. “Because Raddemann has not shown compliance with Wis. Stat. … Continue reading

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N.D.Cal.: Attic apt and treehouse not specified in SW, but searches there still reasonable

An attic apartment and a treehouse were not specifically within the terms of the warrant, but the search was still reasonable. United States v. Ayala, 2022 U.S. Dist. LEXIS 227976 (N.D. Cal. Dec. 19, 2022). Defendant didn’t timely challenge his … Continue reading

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