Author Archives: Hall

IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

Posted in Consent, Inventory, Pretext, Probable cause | Comments Off

MO: Where 2 SWs authorize search, both have to be suppressed for def to prevail; challenging only one is moot

There were two search warrants authorizing the search of defendant’s computers for child pornography. He challenged the second but not the first, and that makes his argument moot. State v. Cato, 2017 Mo. App. LEXIS 1298 (Dec. 12, 2017). A … Continue reading

Posted in Burden of proof, Computer searches, Standards of review | Comments Off

WA: Def counsel likely ineffective for not moving to suppress seizure of attorney-client materials from jail cell

Defendant showed potential for prejudice for defense counsel’s failure to file a motion to dismiss a jail search that recovered materials the defendant was preparing for defense counsel and thus protected by attorney-client privilege. Remanded for a hearing. In re … Continue reading

Posted in Ineffective assistance | Comments Off

NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says

NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says by Al Baker: More than two years into his tenure, a court-appointed monitor overseeing changes to the New York Police Department’s stop-and-frisk policies has found that some officers … Continue reading

Posted in Stop and frisk | Comments Off

E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading

Posted in E-mail, Motion to suppress, Reasonableness | Comments Off

CA8: Domestic call and argument where def was reported armed justified warrantless entry

In a domestic dispute where the police were called, “The warrantless entry was justified by a legitimate and objectively reasonable concern for the safety of Christina Bak and the officers. They had information that Quarterman was making Christina Bak move … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search

A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

OH12: Without def bringing up a suppression hearing transcript, findings uncontradicted

With no transcript of the suppression hearing, there’s nothing to contradict the trial court’s findings. State v. Harding, 2017-Ohio-8930, 2017 Ohio App. LEXIS 5373 (12th Dist. Dec. 11, 2017). Defense counsel’s failure to file a motion to suppress wasn’t ineffective … Continue reading

Posted in Ineffective assistance, Standards of review | Comments Off

IN: Officer didn’t follow inventory policy and made this a criminal search; suppressed

The inventory in this case “deviated greatly” from the impoundment policy. When a gun was found, it turned into a criminal investigation and the officer ignored the inventory. No inventory was made. Sansbury v. State, 2017 Ind. App. LEXIS 804 … Continue reading

Posted in Inventory | Comments Off

IL: Illegal stop and search not fixed under Strieff by finding outstanding warrant after

An illegal stop and search that led to an outstanding warrant wasn’t attenuated by the finding of the warrant, even when the stop was not purposeful or flagrant. In re Jarrell C. (People v. Jarrell C.), 2017 IL App (1st) … Continue reading

Posted in Attenuation | Comments Off