Daily Archives: February 21, 2023

GA: SW for practically everything on cell phone was a general warrant

The search warrant for defendant’s cell phone was overbroad, essentially permitting a general search of the entirety of information on it. Limiting it to a homicide was of no help. The good faith exception also does not apply. The fact … Continue reading

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S.D.Miss.: Acting “shifty” during a stop justified patdown for officer safety

The patdown here was reasonable for officer safety because defendant was known to associate with firearms, wore baggy clothing that could have concealed a firearm, and he was acting “shifty” and “favoring his pockets.” United States v. Gillin, 2023 U.S. … Continue reading

Posted in Plain view, feel, smell, Stop and frisk | Comments Off on S.D.Miss.: Acting “shifty” during a stop justified patdown for officer safety

SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one

Added to Most Recent SCOTUS cases is Polselli v. Internal Revenue Service, 21-1599, cert. gr. Dec. 9, 2022, argument Mar. 29, 2023 (ScotusBlog). It is a third-party records summons case where the parties’ cert papers don’t even mention the Fourth … Continue reading

Posted in SCOTUS, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on SCOTUS has a third-party records tax summons case, but not necessarily a 4A case, yet; it might become one