Author Archives: Hall

CA5: Ptf’s 4A claims were Heck barred because they would interfere with the state prosecution.

Plaintiff’s Fourth Amendment claims were Heck barred because they would interfere with the state prosecution. Shipman v. Sowell, 2019 U.S. App. LEXIS 8736 (5th Cir. Mar. 23, 2019):

Posted in Abstention | Comments Off on CA5: Ptf’s 4A claims were Heck barred because they would interfere with the state prosecution.

IN: Officer at front door to do knock-and-talk could look through gap in blinds

Officer who was at front of house to do a knock and talk did not conduct an illegal search when he heard noise inside and looked through a gap in the blinds. Jardines is distinguished, and the court used the … Continue reading

Posted in Curtilage, Knock and talk | Comments Off on IN: Officer at front door to do knock-and-talk could look through gap in blinds

S.D.N.Y.: AirBnB can’t block all discovery of customer’s third-party records

In AirBnB’s case against NYC, the city gets discovery of some of AirBnB’s customer records because it is third-party information subject to disclosure at least to determine the extent of an expectation of privacy. AirBnB, Inc. v. City of New … Continue reading

Posted in Third Party Doctrine | Comments Off on S.D.N.Y.: AirBnB can’t block all discovery of customer’s third-party records

E.D.N.Y.: Def did nothing to show his standing in the car or the things seized from it

Reasonable suspicion supported the stop for no license plate light. Then, defendant lacks a reasonable expectation of privacy in the car or its contents. “However, neither Defendant’s affidavit nor the evidence adduced at the hearing establish that Defendant had any … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off on E.D.N.Y.: Def did nothing to show his standing in the car or the things seized from it

NY4: State didn’t show that CI actually existed; reversed

The state didn’t make an sufficient showing required by NY law that the CI actually existed. The motion to suppress should have been granted. People v. Givans, 2019 NY Slip Op 02220, 2019 N.Y. App. Div. LEXIS 2237 (4th Dept. … Continue reading

Posted in Informant hearsay, Particularity, Staleness | Comments Off on NY4: State didn’t show that CI actually existed; reversed

D.P.R.: Factual assertion in SW affidavit based on inference was reasonable and not false

Defendant’s Franks challenge fails. The officer’s assertion of fact was a reasonable inference based on what he saw and wasn’t false. United States v. Cruz-Arroyo, 2019 U.S. Dist. LEXIS 47172 (D. P.R. Mar. 19, 2019).* Defendant’s Franks challenge fails for … Continue reading

Posted in Franks doctrine | Comments Off on D.P.R.: Factual assertion in SW affidavit based on inference was reasonable and not false

E.D.Cal.: Unsealing of SW materials not granted preindictment

The Sacramento Bee and defendant seek unsealing of search warrant materials in an extradition matter, but the motion is denied. Extradition is different than prosecution. If a criminal prosecution will result in the United States, and it still could, the … Continue reading

Posted in Reasonable suspicion, Warrant requirement | Comments Off on E.D.Cal.: Unsealing of SW materials not granted preindictment

OR: Grandmother of juvenile living with her has authority to consent to search of his room despite his objection

In the search of a juvenile’s room in his grandmother’s house she has the authority to consent over his objection. State v. A.S., 296 Ore. App. 722 (Mar. 22, 2019):

Posted in Consent | Comments Off on OR: Grandmother of juvenile living with her has authority to consent to search of his room despite his objection

CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

A police lie that conveyed the need to defendant for urgent action to address a pressing threat to person or property vitiated any voluntary consent. Moreover, the officer doesn’t get qualified immunity. Págan-González v. Moreno, 2019 U.S. App. LEXIS 8716 … Continue reading

Posted in Consent, Qualified immunity | Comments Off on CA1: Police lie about exigency vitiated consent; and there was no qualified immunity

CA10: 404(b) evidence is subject to 4A exclusion, but harmless error applies

404(b) evidence obtained in violation of the Fourth Amendment is subject to suppression. United States v. Hill, 60 F.3d 672, 677 (10th Cir. 1995). Here, however, it was harmless beyond a reasonable doubt. United States v. Dalton, 2019 U.S. App. … Continue reading

Posted in Exclusionary rule, Warrant execution | Comments Off on CA10: 404(b) evidence is subject to 4A exclusion, but harmless error applies

N.D.Va.: False name during traffic stop justified extending stop

Defendant’s providing a false name was enough for the officer to extend the stop with reasonable suspicion. United States v. Boley, 2019 U.S. Dist. LEXIS 46935 (N.D. Va. Mar. 21, 2019). Revealing the plaintiff’s identity as a CI in a … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off on N.D.Va.: False name during traffic stop justified extending stop

E.D.Mich.: Two affidavits of 51 and 72 pages showed they were not “bare bones” and GFE applied

“In this case, Special Agent Dosch, a 22-year veteran of the DEA, submitted a 51-page and 72-page detailed affidavit in support of the search warrants which were based on surveillance, information from confidential informants, financial records, evidence including drug contraband … Continue reading

Posted in Good faith exception | Comments Off on E.D.Mich.: Two affidavits of 51 and 72 pages showed they were not “bare bones” and GFE applied