Daily Archives: June 18, 2024

OH2: Home safe could be searched under probation search waiver

The probation search of defendant’s home safe was reasonable under Knights, Griffin, and state law. State v. Apple, 2024-Ohio-2286, 2024 Ohio App. LEXIS 2166 (2d Dist. June 14, 2024). There was reasonable suspicion to stop defendant in a car, and … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Probation / Parole search, Reasonable suspicion | Comments Off on OH2: Home safe could be searched under probation search waiver

CA6: No REP from ATF getting access to def’s Instagram posts with false name

Defendant is a felon who posted to Instagram pictures of him firing guns. The ATF got access to his account, and he had no reasonable expectation of privacy in it, even where the ATF agent used a fake name to … Continue reading

Posted in Ineffective assistance, Reasonable expectation of privacy, Social media warrants | Comments Off on CA6: No REP from ATF getting access to def’s Instagram posts with false name

N.D.Ga.: Dissipation of PC for automobile exception search?

Defendant argues dissipation of probable cause in an automobile exception search, but cites no cases. Probable cause always has to exist at the time of the search. One can imagine that it can go stale, but not generally, and not … Continue reading

Posted in Automobile exception, Probable cause, Staleness | Comments Off on N.D.Ga.: Dissipation of PC for automobile exception search?

techdirt: Lawsuit Filed Challenging Constitutionality Of Vast Network Of Illinois License Plate Readers

techdirt: Lawsuit Filed Challenging Constitutionality Of Vast Network Of Illinois License Plate Readers by Tim Cushing (“This lawsuit might be a long shot, but it’s not completely a foregone conclusion at this point. The state of Illinois has tougher privacy … Continue reading

Posted in Surveillance technology | Comments Off on techdirt: Lawsuit Filed Challenging Constitutionality Of Vast Network Of Illinois License Plate Readers

CA9: Boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce

A boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce rule. United States v. Jones, 2024 U.S. App. LEXIS 14481 (9th Cir. June 12, 2024). The government satisfied the independent source doctrine showing that it … Continue reading

Posted in Independent source, Knock and announce, Prison and jail searches, Strip search, Waiver | Comments Off on CA9: Boat moored near an open waterway is a “vehicle” not subject to the knock-and-announce

Two on collateral estoppel or law of the case

Defendant was indicted in 2012 for child pornography on a school computer. The trial court suppressed and the state dismissed. Six years later the case started anew with new counts. Jeopardy never attached in the first case, and not imposing … Continue reading

Posted in Issue preclusion | Comments Off on Two on collateral estoppel or law of the case

E.D.Mo.: Protective sweep permissible even after def removed from premises

A protective sweep is for persons, and it is reasonable to conduct one after defendant was removed from the premises. United States v. Spann, 2024 U.S. Dist. LEXIS 105082 (E.D. Mo. Apr. 15, 2024),* adopted, 2024 U.S. Dist. LEXIS 104446 … Continue reading

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NY3: Typo in SW affidavit could be overlooked when context is apparent

A typographical error in the statement of probable cause could be overlooked when the affidavit is read as a whole, which is what the court is supposed to do. People v. Malloy, 2024 NY Slip Op 03203, 2024 N.Y. App. … Continue reading

Posted in Franks doctrine, Mail and packages, Probable cause, Warrant papers | Comments Off on NY3: Typo in SW affidavit could be overlooked when context is apparent

CA11: Officers participating in violation of 4A can be sued, too

“Marglli Gallego brought this 42 U.S.C. § 1983 action against four police officers. She alleged that two of those officers—whom we’ll call the ‘off-duty officers’—unreasonably seized her in violation of the Fourth Amendment. And she alleged that the other two … Continue reading

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D.Mont.: FBI 302s not discoverable to aid in PC and particularity challenge

Defendant cannot get discovery of FBI 302s just to see if the search warrant was based on whatever information that would disclose. United States v. Purkey, 2024 U.S. Dist. LEXIS 104824 (D. Mont. June 11, 2024). After all, the four … Continue reading

Posted in Admissibility of evidence, Cell site location information, Motion to suppress, Particularity, Prison and jail searches, Warrant papers | Comments Off on D.Mont.: FBI 302s not discoverable to aid in PC and particularity challenge