Author Archives: Hall

S.D.Ind.: CSLI search two years before Carpenter was valid under GFE

The Seventh Circuit held in dicta in 2014 that CSLI didn’t need a warrant. United States v. Thousand, 558 Fed. Appx. 666, 670 (7th Cir. 2014). The search here was two years before Carpenter. Davis good faith applies, and the … Continue reading

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S.D.Tex.: Warrantless search of cell phone six years after border crossing violated 4A

Defendant crossed the border in July 2012, and his phone was seized and somewhat analyzed. On the eve of trial in July 2018, the government did a full search without a warrant. Defendant moves to suppress, and it’s granted. The … Continue reading

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PA: Trial court’s deciding to suppress based on an argument not made by def was error

Trial court’s deciding to suppress based on an argument not made by defendant was error. Commonwealth v. Jones, 2018 PA Super 208, 2018 Pa. Super. LEXIS 815 (July 17, 2018). Defendant argues in post-conviction proceedings against the trial court’s ruling … Continue reading

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CA9: Nominal damages for 20 min detention supported by evidence

“A jury could reasonably find that the Kovacics suffered no actual damages from an unreasonable search of the home. See George v. City of Long Beach, 973 F.2d 706, 708-09 (9th Cir. 1992). Although Jared Kovacic was detained for 20 … Continue reading

Posted in § 1983 / Bivens | Comments Off on CA9: Nominal damages for 20 min detention supported by evidence

N.D.Ga.: Govt bore burden of proof on inevitable discovery and failed; weak hearsay not credited

The issue of inevitable discovery was treated as an aside by the government, although it bore the burden of proof on it. It seeks the use of hearsay on inevitable discovery that was hard to credit considering the posture of … Continue reading

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N.D.Ala.: Def’s continued detention in traffic stop without RS required suppression

The officer continued the stop without reasonable cause and testified he decided to search the car only because he was concerned about officer safety and not getting shot. But, the search didn’t occur until well into the stop [and was … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off on N.D.Ala.: Def’s continued detention in traffic stop without RS required suppression

N.D.Ohio: Under Franks, materiality of the omitted info to PC is required, not just that it was omitted

“Hill argues Agent Fulmer’s affidavit omitted information previously obtained during the investigation and which was contained in an affidavit submitted with a wiretap application filed in the Eastern District of Michigan in December 2016. Hill, however, does not explain how … Continue reading

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CA11: Def’s 4A challenge doesn’t satisfy successor habeas standard; not even habeas standard

“First, Fails argues that his First and Fourteenth Amendment rights were violated when he was arrested because he was never read his Miranda rights and never signed a card waiving those rights. Second, he argues that his Fourth and Fourteenth … Continue reading

Posted in Informant hearsay | Comments Off on CA11: Def’s 4A challenge doesn’t satisfy successor habeas standard; not even habeas standard

CA6: CI’s past reliability supported reliability here

“Here, the totality of the circumstances reveals enough to get the Government over the goal line, though perhaps not with a lot of breathing room. First, O’Bryan was a known informant. That means that O’Bryan “would [have been] subject to … Continue reading

Posted in Informant hearsay | Comments Off on CA6: CI’s past reliability supported reliability here

NY Daily News: A chokehold on justice: The NYPD is right to lose patience with the feds

NY Daily News: A chokehold on justice: The NYPD is right to lose patience with the feds: Four years ago today, Eric Garner tried to raise a few extra dollars by selling individual cigarettes. His day and his life would … Continue reading

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CA1: Franks challenge fails to undermine PC; alternative scenario was “implausible”

Defendant posited much information that was omitted from the affidavit for the search warrant, but that would have created an implausible scenario that didn’t even make sense to the appeals court. “Even if we assume that the challenged statements and … Continue reading

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E.D.Pa.: Arrest warrant for wrong name still had PC for def, and his arrest was based on PC

Defendant counsel was not ineffective for not pursuing a Fourth Amendment claim that the name in the arrest warrant was included by mistake. Officers told the magistrate as soon as they discovered it. Defendant’s arrest was still on probable cause. … Continue reading

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