Monthly Archives: October 2023

NYT: Cars Seized by Police Get Supreme Court Scrutiny in Civil Forfeiture Case

NYT: Cars Seized by Police Get Supreme Court Scrutiny in Civil Forfeiture Case by Adam Liptak (“Several justices seemed wary of allowing law enforcement officials to take vehicles used to commit crimes when their owners were not at fault.”) This … Continue reading

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techdirt: Don’t Want To Be Part Of A Geofence Warrant Line-Up? You Have Options.

techdirt: Don’t Want To Be Part Of A Geofence Warrant Line-Up? You Have Options. by Tim Cushing (“Shira Ovide’s article for the Washington Post first details everything that’s extremely questionable about law enforcement’s reliance on geofence warrants. In a typical … Continue reading

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N.D.Ohio: Nexus shown by car involved in controlled buys parked at def’s house

Defendant drove his vehicle to multiple controlled buys. The vehicle was usually parked at his home. That’s nexus. United States v. Brooks, 2023 U.S. Dist. LEXIS 193635 (N.D. Ohio Oct. 30, 2023). This child pornography affidavit for search warrant didn’t … Continue reading

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CA4: No absolute immunity for a judge involved in search of ex’s property over their divorce

“We consider in this appeal whether a judge who participates in the search of a litigant’s home is entitled to judicial immunity for actions related to the search. Judge Louise Goldston went to Matthew Gibson’s residence to look for items … Continue reading

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W.D.Ky.: Protective sweep unjustified on facts; rural area not enough

The protective sweep here wasn’t justified by any current facts justifying it. The government first relied on it being a rural area, but that’s rejected because it would render most of the country a zone where protective sweeps could always … Continue reading

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CA11: SW for iCloud account from before crime even occurred sustained on good faith

Defendant’s cell phone was used to arrange a robbery. A search warrant was also obtained for defendant’s backup iCloud account before the robbery even occurred, and there was no probable cause for that. Yet, the Eleventh Circuit [some would say … Continue reading

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KY: State could refer at trial to SW for DNA, but it couldn’t say def refused consent

It was not error to permit the state to inquire that a search warrant was used to get defendant’s DNA, as long as there was no reference to his refusal of consent. Finch v. Commonwealth, 2023 Ky. LEXIS 302 (Oct. … Continue reading

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N.D.Ohio: Just because legal conduct is mentioned in the SW affidavit does not mean it lacks PC otherwise shown

The inclusion of legal conduct in the affidavit for search warrant doesn’t make the warrant lack probable cause. There’s sufficient information otherwise. United States v. Reebel, 2023 U.S. Dist. LEXIS 192048 (N.D. Ohio Oct. 26, 2023). Defendant is accused of … Continue reading

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IN: State could rely on alternative theory on appeal where record supports it

The state relied on inventory at trial and prevailed. On appeal it also relies on search incident. The record developed supports that, too. Cobb v. State, 2023 Ind. App. LEXIS 299 (Oct. 26, 2023). [In my state, it’s “right result, … Continue reading

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D.Minn.: Non-authorized driver of rental car four hours late to return had no standing

Defendant was stopped driving a rental car four hours after the rental expired and he was not an authorized driver. He doesn’t show standing. United States v. Maiden, 2023 U.S. Dist. LEXIS 192555 (D. Minn. Sep. 5, 2023), adopted 2023 … Continue reading

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D.Neb.: Open container violation justifies a search of the passenger compartment

An open container violation justifies a search of the passenger compartment. United States v. Smith, 2023 U.S. Dist. LEXIS 192108 (D. Neb. Oct. 24, 2023). The warrant affidavit’s discussion of the silver truck was a reasonable inference and not a … Continue reading

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N.D.N.Y.: No REP in def’s social media accounts holding child porn

In a child porn case, defendant can’t show a reasonable expectation of privacy in images in his social media account. “For example, Defendant has not attested as to how he used the social media accounts, what if any privacy settings … Continue reading

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NY3: Motion to suppress is an adequate remedy at law, not a writ of prohibition

Defendant sought prohibition to prevent his prosecution because of an illegal search. He has an adequate remedy in a motion to suppress. Denied. Matter of Rodriguez v. Hobbs, 2023 NY Slip Op 05433,2023 N.Y. App. Div. LEXIS 5399 (3d Dept. … Continue reading

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D.Colo.: No REP CI won’t record you

Defendant had no reasonable expectation of privacy against a CI recording him, so defense counsel wasn’t ineffective for not challenging it. United States v. Andasola, 2023 U.S. Dist. LEXIS 190985 (D. Colo. Oct. 24, 2023).* The officer had reasonable suspicion … Continue reading

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N.D.Ala.: 4A does not require gun seen in protective sweep be immediately seized; SW was obtained

If officers saw defendant’s .22 during a protective sweep, the Fourth Amendment doesn’t require that it be seized immediately. It can be seized during execution of the later issued search warrant. A .22 is not a weapon of choice for … Continue reading

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CA11: Mandamus not remedy to overcome waived 2255

Petitioner waived his 2255 and can’t raise his Fourth Amendment ineffective assistance of counsel claim by mandamus. In re Morgan, 2023 U.S. App. LEXIS 28330 (11th Cir. Oct. 24, 2023). The sheriff solicited nude pictures of a person that became … Continue reading

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Reason: Government Misuse of Data Rightly Worries Americans

Reason: Government Misuse of Data Rightly Worries Americans by J.D. Tuccille (“Federal agencies frequently buy their way around the Fourth Amendment.”) But not Congress.

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D.D.C.: Telling def the SW for his phone required his passcode was unreasonable because it didn’t

Defendant was in U.S. diplomatic service in Mexico, and he was accused of sex with drugged women there. Proof was ultimately found on his phone with a search warrant on his return to the U.S. Officers returned to his hotel … Continue reading

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N.D.Ind.: Def put drugs in a confederate’s car, and he had no standing despite being the target of the search

Defendant put drugs in bags in the car of a confederate in the crime. When the car was searched, he didn’t have standing, even though he was admittedly the target of the search and not in possession. United States v. … Continue reading

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Real Clear Policy: Just the Facts on ‘Geofencing’

Real Clear Policy: Just the Facts on ‘Geofencing’ by Maggie MacFarland Phillips (“As worshippers gathered at the Calvary Chapel in 2020, they were being watched from above. [¶] Satellites were locking in on cell phones owned by members of the … Continue reading

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