The court holds that information obtained in subpoenas would be stretching Carpenter too far in this case.
Carpenter Cell Site Location Information Holding is Limited in Scope
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Category: Search and Seizure
Mom Who Found Nude Pictures of Her Daughter Wasn’t a Police “Agent”
To act as a police agent, three key elements of Skinner v. Railway Labor Executive’s Association must be considered.
Re-interrogation Creates Miranda Violation and Leads to Reversal of Murder Conviction
When suspects invoke the right to remain silent, they can be interrogated later. But when suspects invoke the right to counsel, interrogation must immediately stop.
Reading the Supreme Court Tea Leaves on “Question First, Warn Later”
Evidence found subsequent to questions without a Miranda warning is still admissible—at least in this case.
Iowa Supreme Court Issues Direction on Police Vehicle Inventory Searches
Lexipol policy already addressed the Court’s concerns about alternatives to towing, allowing drivers to retrieve items, and opening closed items for inventory.
Court Upholds Warrantless Search of Abandoned Cell Phone
Keith Brown sought to have the warrantless search of his cell phone suppressed, but a court ruled the abandonment doctrine applies.
No Expectation of Privacy in Car Parked in Apartment Building Lot
In United States v. Jones, the court ruled a car parked in a shared lot has no greater privacy expectation than if it were parked at the curb.
Jampy Gets Jumpy: 8th Circuit Upholds K9 Search Where Dog Jumps into Car
On the surface, United States v. Pulido-Ayala looked like a case questioning whether a detection dog’s instinctive jump into a vehicle constituted a Fourth Amendment search. But the judges saw things differently.
Obtaining Cell Site Location Information Is a Fourth Amendment Search
Landmark Supreme Court case indicates a search warrant is needed for obtaining CSLI—but leaves open the possibility for significant restrictions.
Exigent Entry Following Potential Burglary Yields Marijuana
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Montanez v. Carvajal, (11th Cir. 2018) A property crimes investigator was driving an unmarked car through a neighborhood that had recently experienced an increase in...
Unauthorized Driver May Be Able to Contest Search of Trunk
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]Byrd v. United States, (2018) Terrence Byrd asked his former girlfriend, Latasha Reed, to rent a car for him. Reed signed a contract certifying she had a valid driver...
Accessing Playpen Site Provided Probable Cause to Search House
[vc_section css="vc_custom_1525482743015{padding-bottom: 3em !important;}" el_class="container"]United States v. Tagg, 886 F.3d 579 (6th Cir. 2018) Officers executed a search warrant for illegal child pornography at Derek Tagg’s residence. At the residence, officers...