Author Archives: Hall

OH5: Consent was invalid when def was told she’d only be charged with tampering if she didn’t disclose the heroin on her person

The evidence supported the trial court’s finding that defendant’s consent to search was not freely and voluntarily given because the officer’s explanation to defendant incorrectly intimated that she could be charged with tampering with evidence if it was concealed on … Continue reading

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OH5: Child sexual assault victim’s story to the police led to SW for 2d grade teacher’s classroom for CP

Defendant was a second grade teacher convicted of gross sexual imposition on some of his female students too whom he also showed child pornography. One of them ratted him out to the police, and that resulted in a search warrant … Continue reading

Posted in Probable cause | Comments Off

E.D.Tex.: Suicide by cop as exigency requires actual engagement with law enforcement

The government’s claim of exigency from an alleged fear of “suicide by cop” is rejected here. “The Government invokes the inherent danger of suicide and, in particular, suicide by cop, but suicide by cop requires engagement with law enforcement. The … Continue reading

Posted in Emergency / exigency | Comments Off

IL: Franks falsity applies to the officer, not the CI; also, the CI testified before the issuing magistrate, and that bolsters credibility

“The deliberate falsity or reckless disregard of the truth applies only to the affiant—here, Officer Ramirez—and not to any nongovernmental informant like Rodriguez. … What is more, we note that both Officer Ramirez and Rodriguez appeared before the issuing judge, … Continue reading

Posted in Franks doctrine, Informant hearsay | Comments Off

New law review article: Encryption Workarounds

New law review article: Encryption Workarounds by Orin S. Kerr & Bruce Schneier: Abstract:

Posted in Computer searches | Comments Off

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed

Crimmigration blog: ICE’s New Immigration Detainer Policy Remains Legally Flawed: Today, ICE issued a new policy regarding use of immigration detainers. Sometimes called immigration holds, detainers are requests by ICE that a local law enforcement agency continue holding someone in … Continue reading

Posted in Seizure | Comments Off

D.Minn.: USMJ recommends Playpen warrant be suppressed

R&R recommends Playpen warrant be suppressed. United States v. Carlson, 16-cr-00317-JRT-FLN (D. Minn. March 23, 2017). Defense counsel wasn’t ineffective for not challenging the particularity of the search warrant in this case. “In our view, the warrant describes the character … Continue reading

Posted in Computer searches, Ineffective assistance | Comments Off

E.D.Mich.: Defense can’t get “activity logs” of officers for 60 days prior to his stop to see if they also smelled MJ then; what would it prove?

Defendant filed a motion to suppress and a motion to produce the “activity logs” of the officers involved for the 60 days prior to his stop. He wants to see whether the officers claimed to have smelled marijuana during those … Continue reading

Posted in Plain view, feel, smell | Comments Off

NC: Driver not free to leave during questioning while officer holds his DL

The officer did not return the defendant’s driver’s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a … Continue reading

Posted in Consent, Reasonable suspicion, Seizure | Comments Off

LA Times: If sheriff’s deputies are involved in misconduct, prosecutors have to know

LA Times: If sheriff’s deputies are involved in misconduct, prosecutors have to know (Editorial) There are about 300 Los Angeles County deputy sheriffs and higher-ranking officials whose personnel files include evidence that they lied, took bribes, used excessive force or … Continue reading

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