Daily Archives: May 30, 2023

D.Nev.: Affidavits for SWs don’t have to prove the underlying crimes

There was probable cause for the four search warrants here. “Much of Martinez’s arguments are based on the premise that the warrants are unsupported by probable cause because the affidavits did not prove the elements of the target crimes.” They … Continue reading

Posted in Motion to suppress, Private search | Comments Off on D.Nev.: Affidavits for SWs don’t have to prove the underlying crimes

D.V.I.: Flyover of curtilage from navigable airspace was reasonable

Officers did a flyover of defendant’s home from navigable airspace and saw a marijuana grow. While he had a subjective reasonable expectation of privacy in the curtilage, not from 2000′. United States v. Flavius, 2023 U.S. Dist. LEXIS 92974 (D.V.I. … Continue reading

Posted in Curtilage, Inevitable discovery, Plain view, feel, smell, Qualified immunity | Comments Off on D.V.I.: Flyover of curtilage from navigable airspace was reasonable

NJ: Disputes in the facts on appeal show trial court should have held a hearing

“[W]e are persuaded the conflicting statements of fact presented by the State and defendant establish disputes of material fact warranting a testimonial hearing. The State claimed the search was justified under the plain view exception to the warrant requirement. Thus, … Continue reading

Posted in Suppression hearings | Comments Off on NJ: Disputes in the facts on appeal show trial court should have held a hearing