Daily Archives: November 8, 2023

IA: A drug pipe in def’s possession doesn’t help show PC for DWI (but other evidence did)

“But while the drug pipe in the passenger’s pocket does not lend support for probable cause that Roe was operating while intoxicated, excluding this evidence from consideration is not fatal to the warrant as Roe’s other arguments on the lack … Continue reading

Posted in Abandonment, Community caretaking function, Probable cause | Comments Off on IA: A drug pipe in def’s possession doesn’t help show PC for DWI (but other evidence did)

Cal.3d: Falsely telling def that officers wouldn’t tow his car if he consented to a search made the consent involuntary

Falsely telling defendant that officers wouldn’t tow his car if he consented to a search made the consent involuntary. Here, the officer’s statement as to the law was false. Boitez v. Superior Court, 2023 Cal. App. LEXIS 859 (3d Dist. … Continue reading

Posted in Consent, Ineffective assistance, Probable cause, Voluntariness | Comments Off on Cal.3d: Falsely telling def that officers wouldn’t tow his car if he consented to a search made the consent involuntary

CA10: No REP against officer running an LPN

There is no reasonable expectation of privacy in a license plate number. Officers can run any LPN number. They can also walk up to his car in his driveway and look at it. Becerra v. City of Albuquerque, 2023 U.S. … Continue reading

Posted in Issue preclusion, Reasonable expectation of privacy, Reasonable suspicion, Staleness | Comments Off on CA10: No REP against officer running an LPN

NYT: CIA officer’s cell phone search case pled yesterday

The cell phone search case of the CIA officer noted here from two weeks ago resulted in a guilty plea yesterday to some counts. NYT: Former C.I.A. Officer Pleads Guilty to Sexual Abuse Charges (“The former officer, Brian Jeffrey Raymond, … Continue reading

Posted in Cell phones | Comments Off on NYT: CIA officer’s cell phone search case pled yesterday