Author Archives: Hall

S.D.Tex.: Third Leon test essentially shores up PC here

The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading

Posted in Emergency / exigency, Good faith exception, Probable cause | Comments Off

WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes

WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes by Orin Kerr:

Posted in FISA | Comments Off

OH8: 4A IAC claim requires defendant allege and offer proof of standing

Defendant doesn’t allege any facts to support that he had standing such that a motion to suppress would be granted. Therefore, no IAC shown. State v. Musleh, 2017-Ohio-8166, 2017 Ohio App. LEXIS 4533 (8th Dist. Oct. 12, 2017).* Defendant’s 2255 … Continue reading

Posted in Ineffective assistance | Comments Off

CA5: Minivan and FedEx truck meeting up twice in commercial parking lots at 2am when FedEx is never there is RS

Officers had reasonable suspicion for stop of a minivan and a FedEx truck because they met up in a commercial parking lot at 2 am, and the officer on patrol in that area had never seen a FedEx truck at … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Utah: Officer apparently still had DL when consent sought; motion to suppress granted

The record doesn’t show when defendant got his license and paperwork back from the officer before consent was sought, but it all appears that consent was sought when defendant and his passenger were not feel free to leave [or able … Continue reading

Posted in Reasonable suspicion | Comments Off

Miami Herald: Guantánamo guards seize confidential Sept. 11 terror trial defense files

Miami Herald: Guantánamo guards seize confidential Sept. 11 terror trial defense files by Carol Rosenberg: In the latest challenge to attorney-client confidentiality here, prison guards on Wednesday seized the court-approved, non-networked laptop computers and hard drives issued to the accused … Continue reading

Posted in Reasonableness | Comments Off

NYTimes: A Big Test of Police Body Cameras Defies Expectations

NYTimes: A Big Test of Police Body Cameras Defies Expectations by Amanda Ripley:

Posted in Body cameras | Comments Off

DE: 14 yo could consent to entry to look for missing person

The search of the house was valid both by apparent authority to consent and the emergency aid doctrine. The victim was missing, and the consenter was a 14 year old with a key. The consent was solely to look for … Continue reading

Posted in Apparent authority, Emergency / exigency | Comments Off

D.Kan.: CP SW not stale [are they ever?]

The search warrant for child pornography was not stale, based on the officer’s experience. [Since no case has ever found staleness in child pornography cases, why don’t they just cut to the chase and take judicial notice?] United States v. … Continue reading

Posted in Probable cause, Staleness | Comments Off

CA6: 4A claim barred by Heck so appeal summarily affirmed

Plaintiff’s civil rights Fourth Amendment claim is barred by Heck because it necessarily calls into question the validity of the underlying conviction. The claim is barred on its face, so qualified immunity is moot. West v. Saginaw Twp. Police Dep’t, … Continue reading

Posted in § 1983 / Bivens | Comments Off