First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased by Anthony Accurso by Anthony W. Accurso The United States Court of Appeals for the First Circuit held that the Government failed to satisfy its burden of proof that the emergency-aid exception …

Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized by Anthony Accurso by Anthony W. Accurso The Supreme Court for the State of Nevada reversed a trial court’s order denying a defendant’s suppression …

Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant by Sam Rutherford by Sam Rutherford The Supreme Court of Delaware granted postconviction relief to a prisoner because his defense attorney provided ineffective assistance of counsel by failing …

Oregon Supreme Court Clarifies Mansor Ruling for Search Warrants for Digital Data and Announces Framework for Suppression When Warrant Contains Both Constitutional and Unconstitutional Search Categories by Anthony Accurso by Anthony W. Accurso The Supreme Court of Oregon clarified the procedure, flowing from its previous doctrine on cellphone searches, for …

California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed by Richard Resch by Richard Resch The Court of Appeal of California, Second Appellate District, held that a …

State Attorneys General Fear New FedEx and UPS Shipping Policies Will Allow the Feds to Bypass Warrant Requirements by Creating a Private Gun Registry by Jo Ellen Nott by Jo Ellen Nott On November 29, 2022, Montana Attorney General Austin Knudsen sent a letter to the CEOs of FedEx and …

Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases by Anthony Accurso by Anthony W. Accurso The Supreme Court of Georgia overruled the Court of Appeals’ line of …

Reverse Location Warrants Neglect Particularity Requirement by Casey Bastian by Casey J. Bastian Federal and state law enforcement agencies have been increasingly using mobile device data warrants as a modern investigative tool. Authorities present technology service providers, such as Google, with “reverse location” warrants seeking electronic data information of all …

Georgia Supreme Court Affirms Right to Resist Unlawful Arrest and Announces Right Includes Use of Proportionate Force Against Government Property by Douglas Ankney by Douglas Ankney The Supreme Court of Georgia affirmed that the common-law right to resist an unlawful arrest continues to be the law in Georgia and announced …