Daily Archives: January 3, 2025

NJ: Search not suppressed because bodycam wasn’t turned on

New Jersey has a bodycam directive that was apparently violated by the officers not turning theirs on before a search. Failure to turn on the bodycams was not a constitutional violation, and the court refuses to suppress. In addition, “the … Continue reading

Posted in Body cameras, Issue preclusion, Knock and announce, Nexus, Warrant execution | Comments Off on NJ: Search not suppressed because bodycam wasn’t turned on

OR: REP in cell phone lost when it was loaned to another

Defendant waived any reasonable expectation of privacy in this smartphone by loaning it to another [even under Oregon’s more stringent abandonment standards]. Here, it was completely out of his control because he loaned it to a young woman, and her … Continue reading

Posted in Abandonment, Cell phones, Probable cause, Reasonable suspicion, State constitution | Comments Off on OR: REP in cell phone lost when it was loaned to another

N.D.Miss.: ER staff’s search of def’s clothes was private search

Defendant was taken to the ER for gunshot wounds. The hospital staff took his clothes and looked in his pockets and then turned them over to the police. This was a private search. United States v. Coleman, 2025 U.S. Dist. … Continue reading

Posted in Ineffective assistance, Inevitable discovery, Private search | Comments Off on N.D.Miss.: ER staff’s search of def’s clothes was private search

D.P.R.: Honest mistake in affidavit attempted to be corrected but no Franks violation here

The search warrant was in the S.D. Tex., and the affiant found a mistake before it was finalized that he communicated to the AUSAs involved. The correction, however, wasn’t made before he signed it, and he didn’t notice it. When … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Ineffective assistance | Comments Off on D.P.R.: Honest mistake in affidavit attempted to be corrected but no Franks violation here

ALPR in action

No law; license plate reader and video showed owner of car not driving: “Detective Smith also obtained footage from the Chevron across the street from Danny & Clyde’s, which allowed him to get a better look at the license plate … Continue reading

Posted in Automatic license plate readers, Probable cause, Seizure | Comments Off on ALPR in action

M.D.Pa.: Despite state MMJ, smell of MJ still PC under federal law

Despite medical marijuana being legal in this state, the smell of marijuana from a car is still probable cause under federal law. United States v. Skouras, 2025 U.S. Dist. LEXIS 10 (M.D. Pa. Jan. 2, 2025):

Posted in Conflict of laws, Plain view, feel, smell, Probable cause | Comments Off on M.D.Pa.: Despite state MMJ, smell of MJ still PC under federal law

PA: Arrest on a warrant requires the warrant be proved to exist

When an arrest warrant is served, it disappears from the system. Its existence can still be proved by someone with knowledge, but here it wasn’t. Therefore, the fruits of the arrest are suppressed for lack of proof of a valid … Continue reading

Posted in Arrest or entry on arrest | Comments Off on PA: Arrest on a warrant requires the warrant be proved to exist