IA: Court ordered privilege review of search was at its expense
fourthamendment.com
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4d ago
Defendant had a zoom call with a prison inmate that was recorded, about which he was told was being monitored, and which ended up being evidence in his own criminal trial for his admissions of criminality. There was no reasonable expectation of privacy in the call. United States v. Campbell, 2024 U.S. Dist. LEXIS 84976 (E.D. Pa. May 10, 2024).* State v. Iowa District Court for Emmet County , 2024 Iowa Sup. LEXIS 52 (May 10, 2024 ..read more
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D.Md.: Def voluntarily entered passcode into phone where there was a SW for his face and fingerprint to open it
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4d ago
Plain view of the butt of a gun in a car supported its seizure. People v. Asad, 2024 VI SUPER 20, 2024 V.I. LEXIS 22 (Apr. 26, 2024).* , 2024 U.S. Dist. LEXIS 86402 (D. Md. May 10, 2024 ..read more
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D.D.C.: Judge shopping after denial of SW inappropriate; could have appealed to DJ
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4d ago
“In its order denying Clark’s motion to suppress, the trial court concluded Clark had not established any Fourth Amendment violation justifying the suppression of evidence. This demonstrates the trial court was aware that Clark’s suppression arguments were rooted in Fourth Amendment constitutional protections.” State v. Clark, 2024-Ohio-1869 (10th Dist. May 14, 2024).* In re Search of One Digit. Device Currently Located at 601 4th St. NW , 2024 U.S. Dist. LEXIS 86494 (D.D.C. May 14, 2024). Update: NLJ: Federal Judge Slams DC Federal Prosecutor for ‘Judge-Shopping’ in Jan. 6 Search Warrant Appl ..read more
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N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)
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4d ago
Rejecting the R&R, the USDJ sustains the government’s objection and finds reasonable suspicion for continuing the stop for the drug dog to arrive. United States v. Walsh, 2024 U.S. Dist. LEXIS 86758 (D.S.D. May 10, 2024 ..read more
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LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession
fourthamendment.com
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4d ago
Plaintiffs were painters in an empty house that the police raided with a search warrant that failed to show probable cause drugs would be found. Two adults and a child were arrested in the raid. Moreover, the place was searched ten days earlier and that failed to turn up evidence, too. The warrant lacked probable cause. Plaintiffs get a remand on municipal liability for its alleged indifference to a DOJ report involving its search practices. Stucker v. Louisville Metro Gov’t Oka Louisville-Jefferson Cty. Metro Gov’t, 2024 U.S. App. LEXIS 11731 (6th Cir. May 13, 2024).* , 2024 La. App. LEXIS 80 ..read more
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AR: RS def rented a hotel room was sufficient for search waiver; PC not required
fourthamendment.com
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4d ago
A police photo of defendant’s cell phone screen taken by consent involving an address was relevant and would not be suppressed. United States v. Fishback, 2024 U.S. Dist. LEXIS 87478 (E.D. Ky. May 15, 2024).* , 2024 Ark. 87 (May 16, 2024 ..read more
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D.Alaska: Protective sweep after def’s arrest not justified, but there was exigency otherwise
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2w ago
The smell of marijuana from defendant’s car justified extending the stop. United States v. Carson, 2024 U.S. Dist. LEXIS 79847 (W.D.N.C. May 1, 2024 ..read more
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MD: Geofence warrant for rural property was with PC and particular
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2w ago
After farm equipment went missing from rural property over a week long span, police got a geofence warrant for the land that put defendant there. It proved unimportant under the standard of review for warrants (“substantial basis”) the fact they had no idea whether their suspect had a cell phone on him at the time of the thefts. , 2024 Md. App. LEXIS 329 (May 1, 2024 ..read more
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MO: Initial bail setting under Gerstein not adversarial
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2w ago
Probable cause was based both on informant hearsay and officers watching a controlled buy which alone was enough. United States v. Britton, 2024 U.S. App. LEXIS 10672 (8th Cir. May 2, 2024).* , 2024 Mo. LEXIS 140 (Apr. 30, 2024 ..read more
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CA9: Compliance or not with inventory procedure is a part of totality of circumstances; here they were investigating
fourthamendment.com
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2w ago
Compliance or not with inventory procedure is a factor in the totality of circumstances. Here, the totality showed that the officers were investigating, not just inventorying. Denial of suppression reversed. , 2024 U.S. App. LEXIS 10708 (9th Cir. May 2, 2024) (en banc, 6-5). Syllabus by the court ..read more
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