Author Archives: Hall

E.D.Wis.: Clerical error in attaching wrong SW to affidavit where there were more than one for def could be corrected

A clerical error in attaching the wrong affidavit to multiple search warrants for defendant’s property could be read through and corrected. As to the probable cause, the affidavits showed it and the good faith exception would apply. United States v. … Continue reading

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D.N.J.: “The goal is a difficult one to achieve because Franks is narrow in its scope and miserly in the relief it offers.”

After four days of suppression hearing on a Franks issue, the court doesn’t find the discrepancy to be deliberately false. “Put more directly: West doesn’t have the argument of reasonable doubt as to what the police said or did so … Continue reading

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OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

In a post-conviction case, the trial court’s order denying a motion to unseal a search warrant affidavit to facilitate his case was not a final appealable order. State v. Miller, 2020-Ohio-5383, 2020 Ohio App. LEXIS 4231 (11th Dist. Nov. 23, … Continue reading

Posted in Good faith exception, Probable cause, Standards of review, Suppression hearings | Comments Off on OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

D.Conn.: Despite delay in seeking SW for electronics, on balance, warrant shall issue

Despite the delay in seeking a search warrant, the court finds the warrant should issue despite the delay because defendant was in custody otherwise denying him access to the property anyway. On the delay factor, investigations can’t be handed off … Continue reading

Posted in Warrant execution | Comments Off on D.Conn.: Despite delay in seeking SW for electronics, on balance, warrant shall issue

NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

When defendant saw the police car at night, he crouched down behind the rear bumper of his minivan and stood up. The officers could see a gun there, and it was approximately at where the sidewalk and the driveway met. … Continue reading

Posted in Curtilage, Plain view, feel, smell, Reasonable expectation of privacy | Comments Off on NY4: No REP in a handgun placed under car bumper in driveway at sidewalk visible from off the property

KS: GFE applies to blood draw before court held it unconstitutional

“Applying State v. Perkins, 310 Kan. 764, 449 P.3d 756 (2019), to the circumstances of this case, the good-faith exception to the exclusionary rule applies and allowed the district court to consider the results of a blood test for blood … Continue reading

Posted in Automobile exception, Consent, Drug or alcohol testing, Good faith exception, Ineffective assistance | Comments Off on KS: GFE applies to blood draw before court held it unconstitutional

UT: When two grounds support an arrest, attacking only one means affirmance

“Devenpeck, along with Utah appellate law, is controlling here. Whether Officer possessed probable cause to arrest Sanchez for DUI is irrelevant. What is relevant is whether the objective circumstances—the ‘known facts,’ see Devenpeck, 543 U.S. at 153—provided probable cause for … Continue reading

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OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function

Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading

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W.D.Ky.: “The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended.”

“The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended. United States v. Erwin, 155 F.3d 818, 823 (6th Cir. 1998) (en … Continue reading

Posted in Consent, Reasonableness, Seizure | Comments Off on W.D.Ky.: “The Sixth Circuit has long held that a police officer does not violate the Fourth Amendment by asking a driver questions after the initial traffic stop has ended.”

CA9: Bivens could be extended to excessive force and 1A retaliation claim against CBP officer

Bivens could be extended to a Fourth Amendment illegal entry and excessive force claim and First Amendment retaliation by the CBP agent by reporting plaintiff to the IRS. Boule v. Egbert, 2020 U.S. App. LEXIS 36559 (9th Cir. Nov. 20, … Continue reading

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CA9: Officer opening car door and leaning inside was a search

“Because opening the car door and leaning into the car constituted an unlawful search under the Fourth Amendment, the panel considered what remedy is appropriate in this case. The panel held that the exclusionary rule applies to the loaded handgun … Continue reading

Posted in Probable cause, Search | Comments Off on CA9: Officer opening car door and leaning inside was a search

N.D.Ill.: Anticipatory seatbelt violation stop was reasonable and led to valid admission of gun

Stopping car at the scene of a shooting 90 minutes earlier because more people piled in than there were seatbelts for was reasonable. [An anticipatory stop on reasonable suspicion a traffic offense was about to happen. The stop was clearly … Continue reading

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E.D.Cal.: Def’s “‘bald assertion that he was an overnight guest,’ and nothing more, is certainly insufficient to establish that he had a legitimate” REP

Defendant was in a motel room coming out of the shower when the police came in. His own assertion he was an overnight guest for the previous two nights alone was insufficient to show his standing. United States v. McDaniels, … Continue reading

Posted in Reasonable expectation of privacy, Standing | Comments Off on E.D.Cal.: Def’s “‘bald assertion that he was an overnight guest,’ and nothing more, is certainly insufficient to establish that he had a legitimate” REP

SCOTUS: Cert grant: “Whether the ‘community caretaking’ exception to the Fourth Amendment’s warrant requirement extends to the home.”

Caniglia v. Strom, 20-157 (ScotusBlog): Issue: Whether the “community caretaking” exception to the Fourth Amendment’s warrant requirement extends to the home.

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TX7: Def had no standing to challenge the seizure of an aborted fetus’s DNA

Defendant had no standing to challenge the seizure of an aborted fetus’s DNA that connected him to the pregnancy. Sharp v. State, 2020 Tex. App. LEXIS 9025 (Tex. App. – Amarillo Nov. 17, 2020). Officers had an arrest warrant for … Continue reading

Posted in Arrest or entry on arrest, DNA, Protective sweep, Standing | Comments Off on TX7: Def had no standing to challenge the seizure of an aborted fetus’s DNA

NY: Stop for center brake light being out was reasonable basis under statute

The trial court’s grant of the motion to suppress was error. The officer’s reading of the functioning brake light statute was reasonable that the center light being out was cause for a stop. People v. Pena, 2020 NY Slip Op … Continue reading

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