Category Archives: Probable Cause

United States v. Hoffman, 2014 WL 6997856 (N.M.Ct.Crim.App.) 11 December, 2014

Facts: AL, a thirteen year old boy reported that while he was walking home alone a Male in an SUV approached him making gestures consistent with fellatio.  After doing this several times, the male asked if AL wanted a ride.  … Continue reading

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In the Matter of a warrant for all content and other information associated with the email account xxxxx@gmail.com maintain at premises controlled by Google, Inc. July 2014 (S.D.N.Y.)

* This is a magistrate’s written opinion, and has not yet withstood appellate scrutiny.  However the issues presented are important for future search warrant requests, and for general legal considerations in our cases. You can read the full opinion here Gmail … Continue reading

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Riley v. United States & United States v. Wurie, 573 U.S. ___(2014), June 2014.

*SCOTUS holds that cell phones may not be searched incident to arrest absent exigent circumstances or a warrant.* Riley Facts: Riley was pulled over for expired tags. The officer soon learned that he also had a suspended license. The vehicle … Continue reading

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United States v. Carroll, 2014 WL 1681983 (C.A.7 (Ind.)), April 2014

This is a staleness argument on a motion to suppress, arguing that the information used to support the warrant was 5 years old. Facts: Appellant was a professional photographer, and a friend of the victim’s father. He babysat for the … Continue reading

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United States v. Drivdahl, 014 WL 896734 (D.Mont.), March 2014

 * Distinguishes United States v. Keith, 2013 WL 5918524 (D.Mass. Nov. 5, 2013) Facts: Defendant was charged with receipt and distribution of CP. The basis for these charges originated with a CyberTipline Report made to NCMEC in February 2013 via … Continue reading

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Nebraska v. Schuller, 2014 WL 684602 (Neb.), February 2014

Facts:  Police used E-Phex to browse IP addresses in the local area and viewed what files those computers had available in the shared folders (via a P2P program).  Defendant’s IP Address was identified, and one image of suspected CP was … Continue reading

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Tennessee v. Aguilar, 2013 WL 6672946 (Tenn.Crim.App.)), December 2013

Aguilar is a Soldier stationed at Ft. Campbell, Kentucky; but this case was not handled by the military, rather the State took the case since the crime occurred off-post, in Clarksville Tennessee.   It is a typical peer-to-peer case, and the … Continue reading

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