Author Archives: Hall

D.V.I.: Failure to put on proof at suppression hearing leads to show cause order to defense

Defendant filed a motion to suppress a statement and a search. At the hearing, however, the search wasn’t challenged. Defendant has to show cause why that part of the motion should not be denied. United States v. Henry, 2021 U.S. … Continue reading

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N.D.Ohio: Regular borrowing of a vehicle gave def standing when he had it; affidavit “bare bones” so no GFE

Defendant’s regular borrowing of a vehicle gave him standing in the vehicle when he was driving it. “In sum, the affidavit in support of the December 8, 2017 search warrant fails to provide the requisite ‘“nexus between the place to … Continue reading

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CA1: When police justifiably shoot at a car, a passenger hit has no claim

A police officer fired at a vehicle driven by an armed man that was trying to hit him, and a passenger was hit. On the undisputed facts, the use of force was reasonable. Fagre v. Parks, 2021 U.S. App. LEXIS … Continue reading

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D.Nev.: Running wants or warrants on a sex offender involved in a stop didn’t violate 4A

Running wants or warrants on a sex offender involved in a stop didn’t violate the Fourth Amendment. United States v. McCowan, 2021 U.S. Dist. LEXIS 6500 (D. Nev. Jan. 13, 2021).* The affidavit for the search warrant shows probable cause. … Continue reading

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OR: With recreational MJ, the odor of MJ in a rental car is not RS for trafficking

In a recreational marijuana state, “We are unprepared to say that, as to any person driving a rental car on a public highway in Oregon that is also used by drug traffickers, any odor of marijuana gives rise to reasonable … Continue reading

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CA4: Ptf’s claim the statute he was arrested under was unconstitutional is barred by DeFillippo

Plaintiff’s claim that his arrest and search was invalid because the statute under which he was stopped and arrested was unconstitutional is barred by Michigan v. DeFillippo. Quigley v. City of Huntington, 2021 U.S. App. LEXIS 760 (4th Cir. Jan. … Continue reading

Posted in Exclusionary rule, Good faith exception, Issue preclusion, Standards of review | Comments Off on CA4: Ptf’s claim the statute he was arrested under was unconstitutional is barred by DeFillippo

Cal.4: Drunk in public with a vehicle justifies a vehicle search under the automobile exception

Drunk in public with a vehicle justifies a vehicle search under the automobile exception. People v. Sims, 2021 Cal. App. LEXIS 33 (4th Dist. Jan. 12, 2021). A search warrant that resulted in a search where three buildings were on … Continue reading

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CNS: LA Police Commission Adopts Oversight Measures for Facial Recognition Tool

CNS: LA Police Commission Adopts Oversight Measures for Facial Recognition Tool by Martin Macias Jr. (“The LAPD’s promise of robust oversight for facial recognition technology in police work hasn’t quelled concerns from civil liberties groups that the tools will perpetuate … Continue reading

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E.D.N.Y.: Ptf’s injunction request against future illegal searches speculative

“Even if plaintiff had correctly labeled this claim as a Fourth Amendment one, he could not show that he is entitled to a preliminary injunction. ‘Speculative, remote or future injury’ is not enough to show irreparable harm. Phelan v. Sullivan, … Continue reading

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CA8: Creighton U. security officers are private actors

Creighton University security officers are private actors in seizing and searching defendant. They did not act in concert with any law enforcement agency, and they called the police to take defendant away. United States v. Avalos, 2021 U.S. App. LEXIS … Continue reading

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CA8: Direction to stay in car during a traffic stop wasn’t a seizure

Direction to defendant to stay in his car during a stop was not a separate seizure. United States v. Warren, 2021 U.S. App. LEXIS 701 (8th Cir. Jan. 12, 2021). There was probable cause for defendant’s arrest. Officers bought drugs … Continue reading

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W.D.N.C.: Def counsel not ineffective for not arguing Carpenter protects bank records because it doesn’t

There is no reasonable expectation of privacy in bank records such that the government needed a warrant to get them. Defense counsel wasn’t ineffective for not arguing that there was such an interest. “Carpenter did not overrule Miller but merely … Continue reading

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GA: When there is PC for an arrest, the validity of an arrest warrant is moot

There was probable cause for defendant’s arrest, so the validity of the arrest warrant doesn’t matter. Harper v. State, 2021 Ga. LEXIS 2 (Jan. 11, 2021). Defendant’s claim of lack of probable cause is really just an effort to construe … Continue reading

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E.D.Tenn.: Def’s car that others were known to drive being outside house of another wasn’t reasonable belief he was there

Officers did not have a reasonable belief defendant was on the premises of another just because he was seen there a month earlier and what was somewhat believed to be his car was parked out outside just before the entry. … Continue reading

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MA: Planning of homicide with co-conspirator was nexus for cell phone SW

It was reasonable for the magistrate to conclude that evidence of defendant’s planning of a homicide would be on his cell phone because he communicated with co-conspirators. Therefore, nexus to the phone was shown. Commonwealth v. Snow, 2021 Mass. LEXIS … Continue reading

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GA: Cell phone believed to be on def’s person at time of robbery and murder is subject for SW for evidence of the crimes

The affidavit for the warrant showed probable cause and particularity for search of defendant’s cell phone for evidence of an armed robbery and murder [essentially on the officer’s experience]. The trial court suppressed a pre-warrant search of defendant’s cell phone, … Continue reading

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