Author Archives: Hall

TN: “Process” in a child exploitation statute does not include SWs; legislature could have added SWs if it intended that

“We granted permission to appeal in this case in order to determine whether Tennessee Code Annotated section 39-17-1007, which provides that ‘[n]o process, except as otherwise provided, shall be issued for the violation of [the statutes proscribing the offenses of … Continue reading

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NY3: Judge who signs SW doesn’t have to recuse from suppression hearing

“Initially, defendant failed to preserve his contention that the trial judge should have recused himself because he signed the search warrant authorizing the search of defendant’s person and residence …. In any event, were this argument preserved for our review, … Continue reading

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LA5: Car in driveway near the street wasn’t on the curtilage

Defendant’s car in the driveway within in hour of the crime enabled the police to look in the windows and see proceeds from the crime inside without violating . A search warrant was obtained, and the look was reasonable. State … Continue reading

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CA5: 4A IAC for not challenging search doesn’t avoid deportation

“Even if these arguments pose a constitutional claim that we may review, the IJ and BIA did not abuse their discretion in denying Trevino’s motion to reopen on the basis that his guilty plea was invalid due to ineffective assistance … Continue reading

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TX3: Littering supports a stop

Littering by tossing a cigarette supports a stop. Two statutes apply when it’s something burning: one if a fire results, one if not. This was the latter. Defendant was found DWI. State v. Wood, 2019 Tex. App. LEXIS 4215 (Tex. … Continue reading

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OH9: Thermal imaging SW lacked PC when only electrical usage was mentioned

The thermal imaging search warrant was bare bones and did not support probable cause or application of the good faith exception. Electrical usage alone was not enough: “No additional information or data regarding the properties or their electricity usage is … Continue reading

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Detroit Deadline: Police Use of Facial ID Video Systems in Detroit and Elsewhere Worries US House Members

Detroit Deadline: Police Use of Facial ID Video Systems in Detroit and Elsewhere Worries US House Members:

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N-M Ct.Crim.App.: Lack of CO’s actual authority to issue search authorization fatal to search; no GFE

The Court Martial judge erred in concluding that a particular major had authority to authorize searches of appellant’s body, office, and personal property because she was not a “commander” for the purposes of Mil. R. Evid. 315 even though her … Continue reading

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GA: Giving computer password out gives recipient apparent authority to consent

Giving one’s wife the password to the computer showed that she had apparent authority to consent to its search. Massey v. State, 2019 Ga. App. LEXIS 267 (May 21, 2019). Defense counsel wasn’t ineffective for not pursuing a motion to … Continue reading

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CA11: Petr’s successor habeas claim for new evidence of a 4A violation doesn’t show actual innocence

“Petroff asserts that each of his claims rely on ‘the same newly discovered evidence.’ However, Petroff does not appear to actually describe what the new evidence he has obtained is at any point. Moreover, Petroff’s central argument appears to be … Continue reading

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OH11: Pre-Carpenter CSLI was lawfully obtained in good faith

Defendant’s cell tower location information was obtained by subpoena before Carpenter. The good faith exception means it won’t be excluded. State v. Burke, 2019-Ohio-1951, 2019 Ohio App. LEXIS 2021 (11th Dist. May 20, 2019). Defense counsel wasn’t ineffective for withdrawing … Continue reading

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The Hill: Does your district attorney have access to your medical records?

The Hill: Does your district attorney have access to your medical records? by David Siegel: The latest attempts to criminalize women’s health care will demand that every Alabaman woman share their medical records with their local district attorney. Sound fishy?

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