Author Archives: Hall

S.D.Fla.: Govt oversearched and violated A-C privilege; but it wasn’t really bad enough to warrant sanctions, and govt not using it

The government reviewed attorney-client materials and failed to uphold the standards of DOJ to protect them from review by investigators. Nevertheless, it doesn’t rise high enough to require dismissal of the indictment. The government concedes that it won’t use some … Continue reading

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AK: Search of def’s rifle case was unreasonable; he was doing nothing wrong

When defendant was stopped, the officer asked whether he had a firearm, which should have been obvious because there was a rifle case visible in the car. Defendant looked at the gun and reached to the case. The court finds … Continue reading

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D.N.M.: Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration

Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration. The Franks challenge fails. United States v. Martinez, 2018 U.S. Dist. LEXIS 192181 (D. N.M. Nov. 9, 2018). Defendant had standing to challenge the … Continue reading

Posted in Informant hearsay, Standing | Comments Off on D.N.M.: Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration

S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information

A CI gave emails to government investigators about health care fraud. They and other information provided probable cause for more emails. The warrants were particularized by being limited to eight categories. United States v. Mathieu, 2018 U.S. Dist. LEXIS 192281 … Continue reading

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E.D.Mich.: Illegally obtained evidence cannot be used to establish probable cause

Illegally obtained evidence cannot be used to establish probable cause. United States v. Gordon, 2018 U.S. Dist. LEXIS 190782 (E.D. Mich. Sept. 12, 2018):

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W.D.La.: Officers’ subjective belief in def’s standing at time of search isn’t material to the court’s determination on objective facts

At the time of the search, officers believed defendant had standing in the place searched, but that’s not relevant to the court’s determination. “Federal agents were aware of Defendant and believed that he lived in the residence in question. But … Continue reading

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WA: SW may be issued for mitigation evidence in death penalty case; here from def’s prison cell

A search warrant can be issued for evidence in mitigation of the death penalty. Defendant was charged with murder of a prison guard, and it was information in his prison cell of books, documents, and medical reports. The state law … Continue reading

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CA4: Info known by officer but not included in affidavit can be considered in applying GFE

Defendant’s phone was lawfully seized incident to his arrest and then geting a search warrant. “We agree with the district court that the evidence obtained from Thomas’s phone is admissible under Leon. Our precedents make clear that in assessing an … Continue reading

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MA: “Freezing” house for alleged prostitution for alleged exigency was unreasonable

Police “froze” a house and searched the second floor for evidence of alleged prostitution; couldn’t be justified on this record. What physical evidence would there be? Commonwealth v. Owens, 480 Mass. 1034 (Nov. 7, 2018). There was a mistake in … Continue reading

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UT: State const doesn’t require RS to run an LPN

“May a police officer, without reasonable suspicion of criminal activity, run a license plate check on a passing vehicle? The federal courts, interpreting the U.S. Constitution, have answered this question in the affirmative. Jennifer Oryall, who was found to be … Continue reading

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S.D.Fla.: Co-def’s winning suppression motion shows IAC for this defendant

Defendant satisfied his burden of proof that defense counsel was ineffective because his codefendant prevailed on his motion to suppress. If he’d timely moved to set aside the plea it would have almost certainly been granted. Perez v. United States, … Continue reading

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S.D.Ohio: Warrant was still particular because attachments were present at time of search

The search warrants here were particular because the affidavits and attachments were incorporated by reference and present at the time of the search. The temporal limitations on the warrant were not vague and stale. It was limited in scope otherwise. … Continue reading

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