Author Archives: Hall

N.D.Ga.: Prosecutor immune for false presentation of evidence in SW affidavit

A prosecutor’s false presentation of evidence for a search warrant is entitled to immunity. Here, plaintiff doesn’t even say what the false evidence is. Captain Jack’s Crab Shack, Inc. v. Cooke, 2021 U.S. Dist. LEXIS 69196 (N.D. Ga. Mar. 8, … Continue reading

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CA7: Shooting ptf after firing a gun in the air around a crowd of people still entitled to qualified immunity

The defendant officer’s use of deadly force against the armed plaintiff who fired a gun into the air around many people apparently to attempt to break up a scuffle led to him getting shot multiple times in seconds. Someone else … Continue reading

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CA8: Lack of nexus saved by GFE

Even without an adequate showing of nexus, search warrants have been sustained under the good faith exception. This is one of those cases where the inference is close enough. United States v. Mayweather, 2021 U.S. App. LEXIS 10208 (8th Cir. … Continue reading

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CA11: Stop for not having license on bicycle in violation of city code was reasonable

The officer’s stop of defendant for not having a license on his bike per local ordinance was reasonable. Defendant’s flight justified his detention and seizure of his backpack. CoA denied. Thomas v. Sec’y, Dep’t of Corr., 2021 U.S. App. LEXIS … Continue reading

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W.D.Tex.Bankr.: 4A does not extend to civil discovery requests

Posts to a “secret” Facebook group weren’t protected by any reasonable privacy interest in civil litigation. Social media isn’t protected by any privacy interest. “Defendant does not cite, and the Court could not find, any case that extends the Fourth … Continue reading

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E.D.N.C.: Officer’s reach into car was search, but justified by automobile exception

The reach into defendant’s car was a search, but it was justified by the automobile exception. United States v. Joyner, 2021 U.S. Dist. LEXIS 68324 (E.D. N.C. Mar. 15, 2021). Defendant’s stop wasn’t unreasonably extended. “Although Officer Hambrock walked back … Continue reading

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W.D.Pa.: Def can show standing from govt’s papers, including affidavit for SW, and its case at suppression hearing

The defendant has the burden of showing standing, if raised, but he doesn’t have to testify to do it. The affidavit for the warrant here said the place to be searched was defendant’s and that’s enough. Other cases in this … Continue reading

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N.D.Okla.: Not readily finding def in his motel room justified its protective sweep

The protective sweep of defendant’s motel room was reasonable, and it was also justified by a search waiver. There was a woman in the room who was not the defendant they were looking for. United States v. Banegas, 2021 U.S. … Continue reading

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Reason: Cops Are Using Facial Recognition Technology More Than Previously Revealed

Reason: Cops Are Using Facial Recognition Technology More Than Previously Revealed by J.D. Tuccille (“The surveillance state is available as a plug-and-play solution for any cop interested in a free trial period.”)

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W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading

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ID: Violation of citizen’s arrest statute not a const’l violation; no suppression

The officer arrested defendant for a completed misdemeanor of stealing a cell phone not occurring in his presence. The manager of the place where it happened wanted defendant arrested. The officer and the manager never informed defendant this was a … Continue reading

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OR: State didn’t develop its argument about RS at the hearing, and it’s found waived

The state’s justification for inquiries about travel plans isn’t reached on appeal because it wasn’t briefed or even developed below. Instead, the questions about it related only to initial reasonable suspicion. “We conclude that the record could have developed differently … Continue reading

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D.C.: Body cam didn’t support trial court finding of consent to feel a bag; it essentially happened as one move as officer asked for consent

The record doesn’t support the trial court’s finding of consent to a squeeze of a bag that revealed a gun. The officer was reaching for the bag asking for consent. “The government played footage from Denton’s body worn camera (‘BWC’), … Continue reading

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S.D.Tex.: Affidavit of convicted felon who may have been conspirator and was deported wasn’t sufficient offer of proof under Franks in face of other evidence

Defendant’s claim was that alleged cocaine wrappers found were actually wrappers for peanut butter and jelly sandwiches and that’s a Franks violation. “The only evidence that Defendant has produced to support his contention that the bags contained sandwiches is the … Continue reading

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S.D.Ohio: Pole cam observation of def with blunt was RS for stop

Zooming in on a pole cam video, officers determined that defendant had a blunt in his hand when he was getting in his car. The question is reasonable suspicion, and officers don’t have to exhaust the innocent possibilities before acting … Continue reading

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E.D.Pa.: Warrantless arrest with PC in public place is reasonable

Defendant’s Fourth Amendment rights were not violated when he was arrested without a warrant with probable cause in a public place. Reaching in defendant’s sweat shirt pocket to retrieve a gun was reasonable. United States v. Kelly-Sizer, 2021 U.S. Dist. … Continue reading

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CA6: Pre-Carpenter cell site simulator use reasonable by GFE

Defendant’s 2255 claim that the government used a cell site simulator prior to Carpenter to capture his unlisted burner phone numbers is saved by the good faith exception. Powell v. United States, 2021 U.S. App. LEXIS 9850 (6th Cir. Apr. … Continue reading

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E.D.Cal.: Ptf inmate’s unreasonable prison strip search case survives screening

Plaintiff, an inmate at Corcoran, stated enough to survive screening for his prison strip search case. Jacobs v. CDCR, 2021 U.S. Dist. LEXIS 66813 (E.D. Cal. Apr. 6, 2021):

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S.D.N.Y.: Defense counsel giving passcode to def’s cell phone at AUSA’s request wasn’t consent; merely avoiding delay of decryption

An AUSA’s request of defense counsel for defendant’s cell phone’s passcode was not a request for consent. It was merely to avoid the delay of decryption. United States v. Mangini, 2021 U.S. Dist. LEXIS 66764 (S.D. N.Y. Apr. 6, 2021):

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S.D.Ala.: Younger doctrine precludes ptf’s 4A claim over pending state criminal case

Plaintiff’s false arrest claim claiming, inter alia, a Fourth Amendment violation, two years into his pending state criminal case was barred by the Younger doctrine. Sweeting v. Garrett, 2021 U.S. Dist. LEXIS 66705 (S.D. Ala. Apr. 6, 2021). Under Washington’s … Continue reading

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