Daily Archives: June 16, 2024

NJ: Smell of MJ permits search of locked glovebox under automobile exception

The smell of marijuana permitted a search of a locked glove compartment in a car under the automobile exception without officers having to determine exactly where the smell was coming from. A locked glove compartment is not analogous to the … Continue reading

Posted in Automobile exception, Probable cause, Scope of search, Waiver | Comments Off on NJ: Smell of MJ permits search of locked glovebox under automobile exception

TN: Redacted SW affidavit came in at trial by agreement; not plain error

The affidavit for a search warrant was redacted and admitted as evidence at trial by agreement. The issue was waived and is subject to plain error review, and it’s not plain error. Even if it was, it was harmless error … Continue reading

Posted in Admissibility of evidence, Inventory, Waiver | Comments Off on TN: Redacted SW affidavit came in at trial by agreement; not plain error

ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

Earlier in the day before the traffic stop, the officer had already run defendant’s LPN. It was reasonable to do it again during the stop, and this did not unconstitutionally lengthen the stop. State v. Tranmer, 2024 Ida. App. LEXIS … Continue reading

Posted in Franks doctrine, Good faith exception, Probable cause, Reasonable suspicion | Comments Off on ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

E.D.N.Y.: iCloud SW was particular to time and offenses

“The Court finds both the iCloud and Midwood Lumber Warrants were sufficiently particularized and tethered to the Affidavits’ probable cause showings, thereby meeting the Fourth Amendment’s requirements.” … “[I]he iCloud Warrant identifies the property to be searched as “information associated … Continue reading

Posted in Computer and cloud searches, Forfeiture, Particularity, Waiver | Comments Off on E.D.N.Y.: iCloud SW was particular to time and offenses

D.Nev.: Affidavit accompanying cell phone SW provided particularity

If the affidavit accompanies the warrant it can cure particularity problems. Here it did. United States v. King, 2024 U.S. Dist. LEXIS 103299 (D. Nev. June 11, 2024).* Plaintiff stated a claim for arrest without probable cause by the defendant … Continue reading

Posted in Arrest or entry on arrest, Particularity, Probable cause, Reasonable suspicion | Comments Off on D.Nev.: Affidavit accompanying cell phone SW provided particularity

OH10: Alleged violation of prosecutor’s subpoena power not subject to exclusionary rule; also, subject matter was third party record

A violation of the state prosecuting attorney’s subpoena power in felony cases was not subject to the exclusionary rule. In addition, obtaining third party information from an IP address is not a search. State v. Diaw, 2024-Ohio-2237, 2024 Ohio App. … Continue reading

Posted in Exclusionary rule, Franks doctrine, Independent source, Subpoenas / Nat'l Security Letters, Third Party Doctrine | Comments Off on OH10: Alleged violation of prosecutor’s subpoena power not subject to exclusionary rule; also, subject matter was third party record