Monthly Archives: August 2024

D.Kan.: Reinstalling a deleted app to an iPhone to get to def’s account exceeded the scope of consent to search the phone

Defendant consented to a search of his iPhone, but here the officer reinstalled the Telegram app and then used it to search defendant’s Telegram account, finding child porn. All this exceeded his consent. There is no case in point because … Continue reading

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MO: Break in chain from Good Samaritan Law entry occurred when def was searched for transport in police car

The Missouri Good Samaritan Law provides immunity from prosecution from evidence of crime found as a result of a medically-related entry. Here, however, defendant was searched before he was placed in a patrol car, and immunity wasn’t what the legislature … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Attenuation, Waiver | Comments Off on MO: Break in chain from Good Samaritan Law entry occurred when def was searched for transport in police car

D.Minn.: Warrantless ion scan of car door handle was reasonable

A DNA ion scan of a car door handle was reasonable, relying on United States v. Jones, 2024 WL 1810220 (D. Minn. Apr. 25, 2024), finding no reasonable expectation of privacy in an ion scan on an apartment door from … Continue reading

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E.D.Tenn.: A lab report used to support PC doesn’t have to be included in the affidavit

“As to the omissions cited by defendant, the Court concludes that they do not detract from the probable cause analysis, as such elaborate specificity is not required. See Gates, 462 U.S. at 235 (explaining that search warrant affidavits ‘are normally … Continue reading

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CA7: SW affiant doesn’t have to explore all of def’s possible defenses in affidavit

When the affiant officer establishes probable cause for a search warrant, he or she isn’t required to explore all the defenses or affirmative defenses the search target may have to put in the affidavit. Here, this arose in the context … Continue reading

Posted in Plain view, feel, smell, Privileges, Reasonable expectation of privacy, Warrant papers | Comments Off on CA7: SW affiant doesn’t have to explore all of def’s possible defenses in affidavit

MN: The totality of circumstances claimed to be RS were more innocent that suggesting criminality was afoot

“Altogether, the totality of the circumstances in this record do not amount to particularized suspicion. The officer acknowledged he did not have sufficient evidence to support a DUI investigation. The evidence at the suppression hearing consisted of ‘“otherwise perfectly legal … Continue reading

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LA2: SI before arrest was still valid

Defendant was stopped for aggravated assault from allegedly waving a gun. The search incident of his bag for a gun was reasonable as a search incident even though it preceded the arrest. State v. Gipson, 2024 La. App. LEXIS 1382 … Continue reading

Posted in Arrest or entry on arrest, Protective sweep, Search incident, Warrant papers | Comments Off on LA2: SI before arrest was still valid

OR: Def’s removing a vehicle from impound lot subject to SW supported tampering charge even if the initial seizure was invalid

After a stop, defendant’s truck was seized and he was told that a search warrant would be sought for it. In the impound lot at 3 and 5 am, defendant showed up in the impound lot and was seen on … Continue reading

Posted in Attenuation, Plain view, feel, smell, Probation / Parole search, Rule 41(g) / Return of property | Comments Off on OR: Def’s removing a vehicle from impound lot subject to SW supported tampering charge even if the initial seizure was invalid

W.D.Wash.: Warrantless arrest in def’s doorway violated 4A

Defendant’s warrantless arrest in his doorway violated the Fourth Amendment. After objecting, defendant acceded to their demands when they pulled a Taser on him. The remedy of what to do with his statement will be addressed later. United States v. … Continue reading

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NM: Def’s new crime after arrest not to be excluded

“We agree with the Court of Appeals that the new crime exception to the exclusionary rule applies and we agree with its analysis of the issue. The exclusionary rule applies only where its deterrence benefits outweigh its societal costs. Strieff, … Continue reading

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N.D.Fla.: Speeding stop doesn’t require state to prove officer’s speedometer was properly calibrated

Speeding 10 over the speed limit justified the stop, and the state didn’t have to prove the police car speedometer was properly calibrated. United States v. Powell, 2024 U.S. Dist. LEXIS 153757 (N.D. Fla. Aug. 8, 2024), adopted, 2024 U.S. … Continue reading

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OH10: Mental health facilities are heavily regulated and consent to administrative searches

Residential mental health facilities are heavily regulated and consented to inspections as a condition of licensing. My Friend’s Place in Unity v. Ohio Dep’t of Mental Health, 2024-Ohio-3257, 2024 Ohio App. LEXIS 3067 (10th Dist. Aug. 27, 2024). Plaintiff’s Fourth … Continue reading

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The Well News: The Silent Erosion of Privacy: Why We Should Care About Financial Surveillance

The Well News: The Silent Erosion of Privacy: Why We Should Care About Financial Surveillance by John Yelland (“In today’s digital age, financial transactions are meticulously tracked by both private companies and government entities. This pervasive financial surveillance often goes … Continue reading

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TX14: The dog sniff violated the 4A because the dog’s nose went in the car window

The dog sniff violated the Fourth Amendment because the dog’s nose went in the car window and sniffed the interior. State v. Organ, 2024 Tex. App. LEXIS 6279 (Tex. App. – Houston (14th Dist.) Aug. 27, 2024). “We conclude that … Continue reading

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The Guardian: US police use force on 300,000 people a year, with numbers rising since George Floyd: ‘relentless violence’

The Guardian: US police use force on 300,000 people a year, with numbers rising since George Floyd: ‘relentless violence’ by Sam Levin (“Police in the US use force on at least 300,000 people each year, injuring an estimated 100,000 of … Continue reading

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CA1: GFE applies to alleged staleness of SW

Defendant operated a pill-making operation in his house for years without detection. He moved to a new place without suspicion for it. The warrant for the prior house was not sufficiently stale to still be valid under the good faith … Continue reading

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CA4: Def’s failure to explain Franks claim means no abuse of discretion in denying motion to suppress

“[W]e agree with the district court that nothing in either motion justified a Franks hearing because, at bottom, Bordeaux did not explain the basis for his multiple assertions of falsity or make a sufficient showing that the officers acting knowingly … Continue reading

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HI: Failure to litigate application of Posse Commitatus Act was IAC under state law

Defense counsel was ineffective for not raising the Posse Comitatus Act where his offense was just outside the Pearl Harbor base and the military was the first to respond. Other courts disagree, but the state exclusionary rule shows that there … Continue reading

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NE: Despite municipal code requiring refusal of consent, 4A doesn’t require that before SW issues

The Omaha Municipal Code required refusal of consent before an inspection warrant is issued. The officer had probable cause for code violations when he sought the warrant. The warrant will not be suppressed because there is no Fourth Amendment requirement … Continue reading

Posted in Administrative search, Consent | Comments Off on NE: Despite municipal code requiring refusal of consent, 4A doesn’t require that before SW issues

CAAF: Remote erasure of seized cell phone supported tampering conviction

Defendant’s conviction for interfering with a seizure under UCMJ 131e is affirmed. NIS had seized the phone but not yet put it in a Faraday bag to protect it when she remotely erased it. United States v. Strong, 2024 CAAF … Continue reading

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