The search warrant for defendant\u2019s email accounts to show where he was when he accessed it, \u201cevidence relating to the planning, execution, furtherance and\/or concealment of the crimes under investigation,\u201d and his \u201cand other participants’ state of mind as it relates to the crimes under investigation\u201d was not overbroad. United States v. Shemtov, 2023 U.S. Dist. LEXIS 197514 (N.D. Ga. Nov. 3, 2023). [Still, to me, it leaves way too much to the discretion of the officer executing the warrant to be valid, but then the good faith exception would probably save it anyway. As to this man, he would lose, but the law would hopefully be settled.]<\/p>\n\n\n\n
Pro se plaintiff\u2019s complaint that his cell phone was searched without a warrant by police was answered with a motion to dismiss that the statute of limitations had run. It probably has, but he gets leave to amend to try and fix it if he can. Dicks v. Fipps, 2023 U.S. Dist. LEXIS 197534 (M.D. Fla. Nov. 3, 2023).*<\/p>\n\n\n\n
Plaintiff believed to have caused a \u201cSWATting\u201d where an innocent man was set up for a police raid. The delays in the investigation that lengthened his detention lacked justification and the officers get no qualified immunity for that. Reitz v. Woods, 2023 U.S. App. LEXIS 29165 (5th Cir. Nov. 2, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The search warrant for defendant\u2019s email accounts to show where he was when he accessed it, \u201cevidence relating to the planning, execution, furtherance and\/or concealment of the crimes under investigation,\u201d and his \u201cand other participants’ state of mind as it … Continue reading