Author Archives: Hall

PA: Changing search argument between trial court and appeal is waiver

Changing the nature of the suppression claim between the trial court and appeal is a waiver. There was a fact dispute on the reason for inventory which was resolved against the defendant. Commonwealth v. Peak, 2020 Pa. Super. LEXIS 255 … Continue reading

Posted in § 1983 / Bivens, Standards of review | Comments Off on PA: Changing search argument between trial court and appeal is waiver

Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings

Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings by R. Robin McDonald (“The New Jersey Supreme Court on Wednesday affirmed that prosecutors can subpoena recordings of telephone conversations made by defendants held in county detention facilities. … Continue reading

Posted in Prison and jail searches | Comments Off on Law.com: NJ Supreme Court Affirms Prosecutors’ Right to Subpoena Inmate Phone Recordings

CA8: What officer knows that wasn’t in affidavit for SW can be considered in applying GFE

The officer presented the affidavit for search warrant for child pornography on a computer to the issuing judge who read it through and asked no questions. This did not make the judicial officer a “rubberstamp” for the police. Thus, the … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on CA8: What officer knows that wasn’t in affidavit for SW can be considered in applying GFE

OH9: IAC claim defendant pled guilty because of IAC in suppression hearing doesn’t show causal connection

“Mr. Bramos does not allege that his counsel’s statements to the trial court during the suppression hearing had any bearing on his decision to plead no contest more than two weeks later. We, therefore, conclude that Mr. Bramos has failed … Continue reading

Posted in Anticipatory warrant, Ineffective assistance | Comments Off on OH9: IAC claim defendant pled guilty because of IAC in suppression hearing doesn’t show causal connection

PA: No right to leave vehicle parked on another’s property to avoid inventory

Defendant showed standing by showing that he bought the car he was driving and put it in his sister’s name, and he was the only person who drove it. The inventory was proper because there was no right to leave … Continue reading

Posted in Inventory, Probable cause, Standing | Comments Off on PA: No right to leave vehicle parked on another’s property to avoid inventory

OH9: Pro se 4A argument never presented to trial court not considered

Pro se argument that the search warrant was invalid wasn’t preserved by a motion to suppress in the trial court. State v. Daniels, 2020-Ohio-1176, 2020 Ohio App. LEXIS 1097 (9th Dist. Mar. 30, 2020).* Plaintiff’s Fourth Amendment claim (among others) … Continue reading

Posted in Burden of pleading, Standards of review | Comments Off on OH9: Pro se 4A argument never presented to trial court not considered

CA9: Use of force against autistic person posing no threat was excessive

Qualified immunity was properly denied the officer on plaintiff’s claim that the officer was alleged to have used excessive force. After seeing that plaintiff was holding only a string and certainly after learning that he was autistic, no officer of … Continue reading

Posted in Excessive force, Qualified immunity | Comments Off on CA9: Use of force against autistic person posing no threat was excessive

CA6 subsumes PC into the GFE, reading it out of the 4A

“Govea’s brief stop at his home—immediately before driving to the scene of a controlled buy and immediately after driving to his home from the home of the seller in the controlled buy, with the seller as a passenger—connected the drug … Continue reading

Posted in Good faith exception, Inventory, Probable cause | Comments Off on CA6 subsumes PC into the GFE, reading it out of the 4A

W.D.Ky.: Franks challenge fails because of complete lack of materiality

Moreover, Perkins did not — and cannot — make a preliminary showing that any alleged ‘false statement or material omission [was] necessary to the probable cause finding in the affidavit.’ If the Court were to strike every contested statement from … Continue reading

Posted in Franks doctrine | Comments Off on W.D.Ky.: Franks challenge fails because of complete lack of materiality

CA6: Tip of man pacing in a parking lot in an area known for burglaries was RS for stop

Defendant was found to be the subject of a tip that a man was pacing in a parking lot in an area known for burglaries. When confronted, the officer found a warrant for his arrest. When his vehicle had to … Continue reading

Posted in Probable cause, Stop and frisk | Comments Off on CA6: Tip of man pacing in a parking lot in an area known for burglaries was RS for stop

CADC: AE applied to boxes police reasonably believed contained evidence that was being removed from the premises

Defense counsel wasn’t ineffective for not moving to suppress the seizure of boxes of evidence from defendant’s car. It was reasonable for the officers to believe defendant was loading the car to move evidence to hide it when the police … Continue reading

Posted in Attenuation, Automobile exception | Comments Off on CADC: AE applied to boxes police reasonably believed contained evidence that was being removed from the premises

Courthouse News: San Francisco OKs $369,000 Settlement for Journalist Targeted by Police

Courthouse News: San Francisco OKs $369,000 Settlement for Journalist Targeted by Police by Nicholas Iovino (“A journalist whose home was raided by police will get $369,000 from San Francisco taxpayers under the terms of a settlement approved by the city’s … Continue reading

Posted in Uncategorized | Comments Off on Courthouse News: San Francisco OKs $369,000 Settlement for Journalist Targeted by Police