Tag: Search and Seizure

US v Aiken 1st Cir (18DEC2017)

US v Aiken 1st Cir (18DEC2017)

In this episode of Broadcast Blue, Bruce-Alan Barnard discusses the Fourth Amendment issues presented in United States v. Aiken. In this case, the First Circuit applies a three-prong test to determine if the guest of a guest in a motel room has a “reasonable expectation of privacy” in the motel room.

Carpenter v. United States – Special Supreme Court Edition

Carpenter v. United States – Special Supreme Court Edition

Carpenter v United States – Special Supreme Court Edition. The US Supreme Court holds that the Third-Party Doctrine does not apply to Cell Site Location Information (CSLI) and it may be reasonable to expect privacy in location information held by third-party cellphone service providers.

United States v. Serrano-Acevedo 1st CIR (13JUN2018)

United States v. Serrano-Acevedo 1st CIR (13JUN2018)

Evidence discovered warrantless search of a house is excluded and conviction is vacated.  The Buie (Protective Sweep) Doctrine did not apply under these facts to justify warrantless entry into home after warrantless arrest outside of home. Furthermore, the Attenuation Doctrine did not save the evidence. To download a complete PDF copy of the opinion, click here.

Collins v Virginia – Special Supreme Court Edition

Collins v Virginia – Special Supreme Court Edition

In this Special Supreme Court Edition of Broadcast BLUE, Bruce-Alan Barnard analyzes the recent United States Supreme Court decision in Collins v. Virginia where the court held that the Automobile Exception applies only to the vehicle and cannot be used to justify a warrantless entry into the curtilage where the vehicle is located.

The Case of the Gun and Dunn

The Case of the Gun and Dunn

US v Alexander 2nd Cir. 01MAY2018 Bruce’s Brownbag Wednesday 2018-15 The Second Circuit applied the Dunn factors to determine that an officer unlawfully searched within the curtilage where two sub-machine guns were found in a bag in a chair next to a shed a few feet from the back door. This is a good case …

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US V Garcia 8th Cir. (01MAY2018)

US V Garcia 8th Cir. (01MAY2018)

The case involves an encounter of an Amtrak train and subsequent search of a bag that leads to the discovery and plain view seizure of methamphetamine. The court ruled the encounter was consensual and so was the search of the bag.  There is a dissenting opinion that discusses exceeding the scope of consent. For a …

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The Case of the Show and Tell Entries

The Case of the Show and Tell Entries

Montanez v. Carvajal, 11th Cir. May 2018  –  Bruce’s Brownbag Wednesday Webinar 2018-14 This case is about a detention that leads to an arrest outside of a dwelling in Deland, Florida.  During the detention/arrest, law enforcement officers enter and leave a dwelling six times before obtaining a warrant for the seventh entry.  The Eleventh Circuit …

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The Case of the Ducky Deal

The Case of the Ducky Deal

BB2018-13  United States v. Flores (1st Circuit 25 April 2018) This is a case about a tip that turns into a warrantless arrest outside of the hotel in Brunswick Maine that evolves into a warrantless search of the hotel room followed by a warrant application and a subsequent search pursuant to the warrant. The Fourth …

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US v Houck – 8th Cir (26APR2018)

US v Houck – 8th Cir (26APR2018)

This case involves the search of a recreational vehicle (RV) as the part of the premises for which a search warrant was issued.  When the officers arrived to execute the premises warrant the defendant had an RV and a pickup truck in the driveway. The truck had a trailer attachment but the RV was not connected to …

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