Daily Archives: May 21, 2024

Two on standing in a rental car

“We find that Guice was, like the driver in Byrd, a driver in lawful possession or control of a rental car and the mere fact that she had retained the vehicle beyond the rental return date does not defeat her … Continue reading

Posted in Burden of proof, Standing | Comments Off on Two on standing in a rental car

E.D.Cal.: The fact mj is legal in CA doesn’t make it so in a national park; plain smell was PC

Defendant’s stop was based on a radio report of an older Lexus driving erratically. When the officer saw the car, the LPN was expired. The stop led to the officer smelling marijuana. The smell was enough to invoke the automobile … Continue reading

Posted in § 1983 / Bivens, Plain view, feel, smell, Unreasonable application / § 2254(d) | Comments Off on E.D.Cal.: The fact mj is legal in CA doesn’t make it so in a national park; plain smell was PC

OH5: Cell phone SW was not particular, GFE doesn’t apply, but harmless after all

The cell phone search warrant here failed particularity: “permitted a sweeping, comprehensive search of Hikec’s cell phone with no meaningful limits”, and the good faith exception doesn’t apply. On this record, however, it was harmless error in light of other … Continue reading

Posted in Cell phones, Good faith exception, Particularity | Comments Off on OH5: Cell phone SW was not particular, GFE doesn’t apply, but harmless after all