Author Archives: Hall

KS: Warrantless teargassing of house wasn’t under the “civil authority” exclusion under the insurance policy for the damage

Execution of a search warrant might be excluded from insurance coverage on a home under the “civil authority” exclusion under the policy, but here the search was based on the suspects flight into the house while wanted for a violent … Continue reading

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OH1: Warrentless search of def’s cell phone in kidnapping investigation was reasonable and justified by exigency

The warrantless search of defendant’s apartment, his person, and his cell phone was justified by exigent circumstances under the Fourth Amendment because the still-missing kidnapping victim’s life was in danger. The police reasonably believed that his phone had been used … Continue reading

Posted in Cell phones, Emergency / exigency, Protective sweep | Comments Off

OH2: Def spoke English well enough to consent

The court finds the defendant spoke English well enough to understand what the officer was saying to him and thus consented to a search of his hotel room. State v. Guerrero-Sanchez, 2017-Ohio-8185, 2017 Ohio App. LEXIS 4548 (2d Dist. Oct. … Continue reading

Posted in Body searches, Consent | Comments Off

E.D.Mo.: Just being around a lot of cops isn’t coercion per se; still found voluntary

While there were a lot of police officers present, defendant doesn’t show that his consent was the product of coercion. It was voluntary. United States v. Long, 2017 U.S. Dist. LEXIS 171660 (E.D. Mo. Aug. 4, 2017),* adopted, 2017 U.S. … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off

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

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