Daily Archives: November 11, 2023

D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

Considering the four factors to consider in the delay in searching defendant’s cell phone, all the factors favor him. As to the exclusionary rule, “Because there is an ‘appreciable deterrent value’ in suppressing the evidence from the 9/15/22 Warrant, as … Continue reading

Posted in Cell phones, E-mail, Pretext | Comments Off on D.Vt.: Delay in searching one cell phone here leads to suppression but not as to a second one

N.D.Tex.: Protective sweep of meth lab property was objectively reasonable

The officers’ protective sweep of a property with a working meth lab was objectively reasonable. United States v. Moreno, 2023 U.S. Dist. LEXIS 201424 (N.D. Tex. Nov. 9, 2023). Defendant’s cell phone was used during the period the rape victim … Continue reading

Posted in Cell phones, Probation / Parole search, Protective sweep | Comments Off on N.D.Tex.: Protective sweep of meth lab property was objectively reasonable

S.D.Tex.: Strip clubs aren’t “closely regulated businesses” for administrative searches

“In 2007, the Texas Legislature instituted the Sexually Oriented Business Fee Act (‘the SOBF’)” which requires admission fees into strip clubs and records inspections. A sexually oriented business is not one of those that can be “closely regulated” for administrative … Continue reading

Posted in Administrative search | Comments Off on S.D.Tex.: Strip clubs aren’t “closely regulated businesses” for administrative searches

WV: A summons is not a 4A seizure

Claiming plaintiff was “forced to turn himself in” on a summons didn’t state a claim for a Fourth Amendment seizure. State ex rel. Atty.-Gen. v. Ballard, 2023 W. Va. LEXIS 473 (Nov. 9, 2023). “The warrant in this case listed … Continue reading

Posted in Particularity, Reasonable suspicion, Seizure | Comments Off on WV: A summons is not a 4A seizure

WV: State did not justify “officer safety” as reason for entry

The state failed to justify the entry here on officer safety grounds because their neighbor disturbance call included no reference to potential violence or threats and no good reason could be articulated other than “officer safety” which essentially is always … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Protective sweep, State constitution | Comments Off on WV: State did not justify “officer safety” as reason for entry

PA: Car and phone were abandoned after police chase

Defendant was allegedly driving his car, fled a police stop and crashed into another car. He fled and abandoned the car leaving his cell phone inside. He reported it stolen the next morning, but that proved to be false. The … Continue reading

Posted in Abandonment, Franks doctrine, Probation / Parole search | Comments Off on PA: Car and phone were abandoned after police chase