W.D.Pa.: Car parked in driveway was not on protected curtilage

Defendant’s car parked on his driveway was not on the curtilage. It was close to the house, but there was no enclosure or carport like Collins. United States v. Moses, 2023 U.S. Dist. LEXIS 84247 (W.D. Pa. May 12, 2023).

The officers’ testimony provided a race neutral reason for defendants’ stop for matching the description of possible suspects in shots fired at a police station. Commonwealth v. Van Rader, 2023 Mass. LEXIS 168 (May 15, 2023).*

The prosecutor argued in close that defense counsel’s comments about the failure of the police to get a search warrant for a cell phone was misleading. “The prosecutor was entitled, based on Longo’s testimony, to argue that the police had a legitimate reason not to apply for a warrant to search the defendant’s cell phone. The prosecutor also was permitted to respond to defense counsel’s misleading argument that a police officer who believed that the facts did not meet the standard to establish probable cause nonetheless should apply for a search warrant attesting to the existence of probable cause.” Commonwealth v. Cuffee, 2023 Mass. LEXIS 167 (May 15, 2023).*