Daily Archives: March 3, 2023

CA7: Target of SW doesn’t have to be suspected of crime

A target of a search warrant does not have to be suspected of a crime. A holder of “mere evidence” can be subjected to a search warrant. United States v. Roland, 2023 U.S. App. LEXIS 4987 (7th Cir. Mar. 1, … Continue reading

Posted in Standards of review, Warrant requirement | Comments Off on CA7: Target of SW doesn’t have to be suspected of crime

CA9: “Clearly established law” in one sentence

“Cardenas has not identified any case holding that police officers violated the Fourth Amendment by making an arrest under similar circumstances, and we are not aware of any such case.” Cardenas v. Saladen, 2023 U.S. App. LEXIS 5091 (9th Cir. … Continue reading

Posted in Franks doctrine, Ineffective assistance, Qualified immunity | Comments Off on CA9: “Clearly established law” in one sentence

Even burner phones can be sometimes traced

Detroit News: Woman guilty in threats case after 2020 presidential election by Robert Snell:

Posted in Surveillance technology | Comments Off on Even burner phones can be sometimes traced

D.Me.: CI adequately shown credible enough for PC

There’s no sufficient basis for a hearing on the credibility of the CI because it’s adequately shown he’s credible enough. Moreover, he also doesn’t get a hearing just to cross the CI. United States v. Botello, 2023 U.S. Dist. LEXIS … Continue reading

Posted in Informant hearsay | Comments Off on D.Me.: CI adequately shown credible enough for PC

M.D.Pa.: SW for cash derived from drug sales was particular enough

The search warrant for U.S. currency derived from illegal drug sales was sufficiently particular as to the warrant for defendant’s house. United States v. Jones, 2023 U.S. Dist. LEXIS 33429 (M.D. Pa. Feb. 28, 2023). The CSLI warrant here was … Continue reading

Posted in Cell site location information, Good faith exception, Particularity | Comments Off on M.D.Pa.: SW for cash derived from drug sales was particular enough