Daily Archives: June 24, 2024

CA7: Detention of a package for a day to get SW was reasonable

Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024). “‘The Constitution does not guarantee that only the guilty will … Continue reading

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NH: Grounds to sustain a search must be raised before motion to reconsider

Where the state is relying on the “new crime” exception to the exclusionary rule, it needs to raise it before a motion to reconsider or it’s waived. State v. Rousseau, 2024 N.H. LEXIS 125 (June 18, 2024). Defendant’s criminal history … Continue reading

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D.Conn.: Failure to challenge lack of announcement in federal court was futile and not ineffective assistance

“First, Mr. Smith cannot establish prejudice from his attorney failing to raise the alleged violation of the knock-and-announce requirement as ‘the exclusionary rule does not apply to evidence discovered in the ensuing search.’ United States v. Acosta, 502 F.3d 54, … Continue reading

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VA: 4A exclusionary rule does not apply in a civil zoning case

The Fourth Amendment exclusionary rule does not apply in a civil zoning case. Bd. of Supervisors of Fairfax Cty. v. Leach-Lewis, 2024 Va. LEXIS 38 (June 20, 2024). Surveillance of him at a stash house and other information provided probable … Continue reading

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MT: Entry onto def’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable

Entry onto defendant’s rural land past “Posted” and “No Trespassing” signs to issue a traffic citation was unreasonable. Montanans have a heightened expectation of privacy in their posted rural lands. State v. Lanchantin, 2024 MT 129 (June 18, 2024). Defendant’s … Continue reading

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WI: Community caretaking stop couldn’t be expanded without RS

Where defendant was stopped under the community caretaking function, expanding the stop without further justification was unreasonable. Here, it was because the officer thought defendant may have been driving while sleepy, but the stop was extended. State v. Wiskowski, 2024 … Continue reading

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NYLJ: Geofencing and Individualized Suspicion

NYLJ: Geofencing and Individualized Suspicion (June 24, 2024)

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WaPo: Law enforcement is spying on thousands of Americans’ mail, records show

WaPo: Law enforcement is spying on thousands of Americans’ mail, records show by Drew Harwell (“The Postal Service approves thousands of requests every year from police officers and federal agents seeking information from Americans’ letters and packages.”) This is hardly … Continue reading

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