Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Fifth Circuit: Search Based on Dog Sniff of a Garage “Close Enough” for the Good Faith

Last week, the Fifth Circuit determined that the good faith exception applied to prevent the suppression of evidence obtained after officers used a canine to sniff the perimeter of a garage. The court found unpublished and inconclusive case law sufficient to demonstrate that a dog sniff of a garage is “close enough to the line of validity.”

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Case Law Update James P. Garay Heelan Case Law Update James P. Garay Heelan

Second Circuit: No Fourth Amendment Resolution in Ganias

In October 2015, we informed you the U.S. Court of Appeals for the Second Circuit had granted en banc review of Fourth Amendment issues in United States v. Ganias, regarding whether the government may retain computer evidence obtained outside the scope of an original, probable-cause search warrant and prosecute people for crimes based on that evidence.

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Case Law Update Michael J. Sgarlat Case Law Update Michael J. Sgarlat

Seventh Circuit Extends the Supreme Court’s Opinion in Jardines to the Common Areas of Apartment Complexes

The Seventh Circuit recently held that the use of a “super-sensitive instrument” outside an apartment door violates a defendant’s Fourth Amendment rights. Justifying its holding, the court discussed that people of different ethnicities and race as well as of lower income are more likely to reside in apartment complexes and need to be afforded protection.

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