Idaho Criminal Defense Blog

Idaho Criminal Defense Blog

Information and Insight on Criminal Law and Civil Rights

Archives: Search and Seizure

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Cops Can’t Search Cell Phone Without Warrant

Posted in Search and Seizure
           Will Young is an associate attorney with Peterson Lawyers. He writes today’s post:            The Supreme Court unanimously ruled yesterday that the police must acquire a warrant before searching a cell phone seized from someone they arrest. Chief Justice John Roberts, writing the opinion on behalf of… Continue Reading

Supremes Say Your Truck Can Be Stopped On An Anonymous Report

Posted in Constitutional Law, Criminal Defense, DUI, Search and Seizure
   Once again we see that our right to be free from unreasonable search and seizure finds too few friends in the United States Supreme Court. The issue in Navarette v. California, decided this week, was whether the fourth amendment requires an officer who receives an anonymous tip regarding a drunken or reckless driver to corroborate… Continue Reading

Deleting Emails Leads To Criminal Charges in BP Disaster

Posted in Civil Trial Practice, Criminal Defense, Search and Seizure
A former engineer has been charged with destroying over 200 emails that were requested by prosecutors and investigators in the 2010 BP Gulf oil disaster. One of those emails reported that the spill was far worse than had been reported by BP. According to CNN, Kurt Mix faces charges that he intentionally destroyed evidence that… Continue Reading

Does A Search of Your Cell Phone’s Text Messages Require A Warrant? California Says No.

Posted in Civil Rights, Criminal Defense, Search and Seizure
 Let’s just say that your are leaving the parking lot of your favorite convenience store.  Slurppy in one hand, cell phone in the other. An unmarked car stands by and hidden from view an officer watches your moves. You get into your car and back out. The unmarked runs interference and a couple of squad… Continue Reading

When Have I Been “Seized?”

Posted in Search and Seizure
 Did you know that a person can be seized? Of course you knew that – you’ve undoubtedly heard of "arrest." But what about that seizure that is somewhere between arrest and "no where to run." All of this matters because if you have been "seized" there is a duty to advise you of your right… Continue Reading

Daytime – Do We Need A Rule To Define It?

Posted in Search and Seizure
 The recent Idaho Supreme Court decision in State v. Skurlock answers the question of when daytime ends – at least when it comes to conducting a search pursuant to a "daytime" search warrant. Skurlock was residing in a motel in Sandpoint, and the police executed their "daytime" warrant about a half hour after sunset. They found… Continue Reading

Idaho Court of Appeals Upholds Warrantless Search of Car – Just Like The United States Supreme Court Did

Posted in Constitutional Law, Criminal Defense, DUI, Search and Seizure
 A recent Idaho Court of Appeals decision follows recent United States Supreme Court precedent, allowing a search of a car incident to arrest, even if the defendant is in custody at the time of the search, and unable to reach into the vehicle at the time of the search. The Idaho case is State v.… Continue Reading

Ninth Circuit Says Automobile Tracking Device Not A Search

Posted in Search and Seizure
 In US v. Pinedo-Moreno, decided January 11, 2010, the 9th Circuit Court of Appeals held that: (1) there is no expectation of privacy in a car parked in your driveway. Police officers had attached a tracking device to the underside of the appellants car, while it sat awaiting the return of its owner. The court… Continue Reading
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