Author Archives: Hall

WV: Defendant’s recorded consent shows it was valid

Defendant’s recorded consent shows it was valid. “he does not contest the voluntariness of the search and appears to take issue only with the extent of his voluntary consent. Petitioner’s consent to the search was recorded by law enforcement, and … Continue reading

Posted in Consent, Plain view, feel, smell | Comments Off

OH2: Nothing about def or her driving suggested she was under the influence; PBT suppressed

There was no reasonable suspicion for defendant’s stop: defendant had not admitted to drinking on the evening of the stop, that her traffic violation had been de minimis, that her speech was not impaired, that neither defendant’s movement when she … Continue reading

Posted in Reasonable suspicion | Comments Off

The last of the files left in the hacks are gone

Our server service took us down for 48 hours to cleanup files left during the hacks. Regretfully, there were phishing attacks coming from here because of implanted files. You remove what they point out, and then others appear, triggered maybe … Continue reading

Posted in Uncategorized | Comments Off

CA1: Misstatement Alpha-PVP was in package instead of Alpha-PHP was not material nor in bad faith

The affidavit for search warrant was based on a customs search of a package destined for delivery in Maine that the contents was Alpha-PVP, which is how it looked and field tested as MDMA. Later lab analysis showed it was … Continue reading

Posted in Automobile exception, Franks doctrine | Comments Off

CA11: Shooting of ptf during drug raid was reasonable and subject to QI

This § 1983 case arose from a shooting death by police during execution of a drug search warrant. The pre-search briefing told the officers that the suspect inside was involved in drug dealing and was likely armed, so a no-knock … Continue reading

Posted in Excessive force, Qualified immunity, § 1983 / Bivens | Comments Off

IA: Def plead guilty and later overruling of case law suggested the stop was unreasonable; no IAC claim on direct appeal

An LPN check showed the 77 year old owner of the car had an expired DL. When the officer encountered the driver, it was obviously not the owner because of age. It was the owner’s daughter. The officer shortly determined … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off

CA1: 82 minute stop was with RS

Reasonable suspicion developed from defendants’ stop to extend it for 82 minutes. United States v. Ramdihall, 2017 U.S. App. LEXIS 8727 (1st Cir. May 18, 2017).* Defendant was stopped by police after getting off Amtrak at Minot ND. A great … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

TX4: Conversation over fence with officer led to consent

The conversation with the officers led to a consent search. There were no weapons shown or coercion, and officers had a fence between them and the defendant. Anthony v. State, 2017 Tex. App. LEXIS 4478 (Tex. App. – San Antonio … Continue reading

Posted in Consent | Comments Off

CA11: A police dog can’t be sued for excessive force under § 1983 or for negligence under state law

A police dog can’t be sued under § 1983, although the handler can. Here, the handler has qualified immunity for this use of force. Jones v. Fransen, 2017 U.S. App. LEXIS 8816 (11th Cir. May 19, 2017):

Posted in Qualified immunity, § 1983 / Bivens | Comments Off

IA: Plain view of a baggie is enough to seize it without also knowing that there are drugs in it

Plain view of a plastic baggie is enough to seize it without also knowing that there are drugs in it. State v. Taylor, 2017 Iowa App. LEXIS 517 (May 17, 2017). Defendant’s speeding and his condition was reasonable suspicion for … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off