Daily Archives: February 14, 2023

NJ: Entering def’s driveway to get better look at his house violated curtilage

Officer’s entry onto defendant’s driveway to get a better look at his house violated curtilage. State v. Ingram, 2023 N.J. Super. LEXIS 13 (Feb. 13, 2023). As for a suggestion of leniency for cooperation and consent, “TFO Vasquez’s statements fall … Continue reading

Posted in Consent, Curtilage, Inventory | Comments Off on NJ: Entering def’s driveway to get better look at his house violated curtilage

CA6: SW for home DVR failed to allege criminal evidence would be found and violates 4A

There was a fire in a shed that was likely caught by defendant’s home surveillance camera. He declined to turn it over to investigators investigating the cause of the fire. They don’t even know that the fire was arson. The … Continue reading

Posted in Informant hearsay, Probable cause, Video surveillance | Comments Off on CA6: SW for home DVR failed to allege criminal evidence would be found and violates 4A

D.Colo.: Date range isn’t always required by 4A for particularity of cell phone SW

In a cell phone search warrant, “Although Trujillo argues that the date range from May 16, 2022, to present lacked ‘legal justification,’ Trujillo provides no explanation or authority as to how this date range rendered the warrant unconstitutionally general. There … Continue reading

Posted in Cell phones, Nexus, Particularity, Reasonable suspicion | Comments Off on D.Colo.: Date range isn’t always required by 4A for particularity of cell phone SW