EXCULPATORY EVIDENCE: Firearms indictment dismissed for failure to preserve automatically deleted voicemail to officer… Christensen. [Read more…]
Drugs, warrants for hotel room, Facebook records
DRUGS: Search warrant for hotel room supported by probable cause… State District Court warrant for California Facebook records authorized under Stored Communications Act… Christensen affirmed. [Read more…]
Drugs, traffic stop of parolee
DRUGS: Traffic stop correctly extended when officers discovered Defendant was on parole, consent to then search vehicle was voluntary… suppression of meth properly denied… Molloy affirmed (memorandum). [Read more…]
Drugs, stop for driving in left lane
DRUGS: Defendant lawfully stopped for driving in left lane… Molloy affirmed (memorandum). [Read more…]
Firearms & domestic violence
FIREARMS & DOMESTIC VIOLENCE: Montana PFMA conviction does not qualify as “misdemeanor crime of violence” forbidding possession of firearms… Christensen reversed. [Read more…]
Sentencing, limitation to “online services,” child porn
SENTENCING: Allowing “only one device that has access to online services” by child pornography Defendant not unconstitutionally vague… Christensen affirmed (memorandum). [Read more…]
Witness tampering, “crime of violence”
WITNESS TAMPERING as “crime of violence” conviction affirmed… Christensen affirmed (memorandum). [Read more…]
Revocation, child pornography v. artistic
REVOCATION: Sufficient evidence that Defendant committed “non-compliance” violation not subject to MIIG by engaging in a new offense (conviction not required) by having child pornography on phone… Judge properly concluded that photos were pornographic as opposed to artistic based on Detective’s description and testimony… Larson affirmed. [Read more…]
Traffic stop, unsuspicious vehicle plate, felon with firearm
TRAFFIC STOP which began with running plate of unsuspicious vehicle that disclosed expired registration and driver with learner’s permit and other occupants unlicensed and culminating in driver voluntarily “spilling her guts” that passenger had gun was both professional and constitutional… motion by passenger charged with felon in possession to suppress based on unlawfully prolonged stop denied… Molloy. [Read more…]
Plea withdrawal after boot camp repeal
PLEA WITHDRAWAL by aggravated assault/rape Defendant whose plea agreement contemplated acceptance into later-repealed boot camp properly denied… Larson affirmed. [Read more…]