Daily Archives: March 11, 2023

D.Idaho: Def can’t get access to his cell phone yet because govt has yet to search it because it’s password protected

Defendant wants return of his cell phone because he asserts, without specifying, that there is exculpatory evidence on it. The government responds that it hasn’t opened the phone yet because it is password protected. The government wants the password to … Continue reading

Posted in Cell phones, Rule 41(g) / Return of property | Comments Off on D.Idaho: Def can’t get access to his cell phone yet because govt has yet to search it because it’s password protected

E.D.La.: No standing in car with stolen LP and no explanation for why driving it

“The Government, however, also provided evidence that the vehicle is not titled to Duncan and had a stolen license plate, arguing that these facts in conjunction establish that while Duncan possessed the vehicle, there is nothing to suggest he did … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Standing | Comments Off on E.D.La.: No standing in car with stolen LP and no explanation for why driving it

NJ: Analysis of “unforeseeable and spontaneous” PC for application of the NJ automobile exception is case-by-case

Analysis of “unforeseeable and spontaneous” probable cause for application of the automobile exception in New Jersey is case-by-case. State v. Smart, 2023 N.J. LEXIS 208 (Mar. 8, 2023):

Posted in Automobile exception | Comments Off on NJ: Analysis of “unforeseeable and spontaneous” PC for application of the NJ automobile exception is case-by-case

OR: Cell phone SW in part for “evidence related to the crimes under investigation” was overbroad

The search warrant for defendant’s cell phone was specific as to particular images but general as to others, and it is suppressed as to the others. “The fact that the media command limited the media search to ‘evidence related to … Continue reading

Posted in Cell phones, Dog sniff, Issue preclusion, Overbreadth | Comments Off on OR: Cell phone SW in part for “evidence related to the crimes under investigation” was overbroad

IA: Violation of knock-and-announce statute requires suppression

When the target of an arrest warrant opens the door, state statute requires announcement and not just barging in. Here, defendant was compliant and opened the door. The officers needed to announce their purpose. The alleged plain view inside is … Continue reading

Posted in Arrest or entry on arrest, Knock and announce | Comments Off on IA: Violation of knock-and-announce statute requires suppression

IA: Dashcam video not conclusive evidence of justification for stop

The dashcam video of defendant’s stop wasn’t all that clear, and the trial court credited the officer’s testimony defendant drove some on the wrong side of the road at night in snowy conditions. That’s entitled to deference, as are reasonable … Continue reading

Posted in Burden of proof | Comments Off on IA: Dashcam video not conclusive evidence of justification for stop

TX: Totality of circumstances applies to exigency on warrantless seizure of cell phone

“Rather than announcing a categorical rule that police may never seize personal property simply because a criminal suspect knows he is a suspect, the court of appeals should have analyzed under the totality of the circumstances whether law enforcement’s seizure … Continue reading

Posted in Cell phones, Emergency / exigency, Ineffective assistance, Warrant execution | Comments Off on TX: Totality of circumstances applies to exigency on warrantless seizure of cell phone

S.D.Cal.: Police declining to search on wife’s consent could follow her to spot and watch her do it without it being govt action

Under the two-part test, the Court finds that Ms. Valenzuela was not functioning as a government instrument at the time of her [*17]  search. As to the first prong, the Chula Vista officers clearly “knew of” Ms. Valenzuela’s actions because … Continue reading

Posted in Abandonment, Private search, Reasonable expectation of privacy | Comments Off on S.D.Cal.: Police declining to search on wife’s consent could follow her to spot and watch her do it without it being govt action