Author Archives: Hall

FL5: Def made prima facie case that counsel’s abandoned search claim could have won; reversed

Defendant made a prima facie case at his post-conviction hearing. The evidence presented at the evidentiary hearing showed there was a reasonable probability that the motion to suppress would have been granted if pursued, and the evidence the State needed … Continue reading

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OH6: Trial court didn’t commit plain error in not inquiring into drug dog’s training when defense didn’t

The trial court did not commit plain error in not inquiring into the drug dogs training when defendant didn’t raise it. State v. Jones, 2019-Ohio-3704, 2019 Ohio App. LEXIS 3777 (6th Dist. Sept. 16, 2019). The particulars of a drug … Continue reading

Posted in Dog sniff, Excessive force, Standards of review | Comments Off on OH6: Trial court didn’t commit plain error in not inquiring into drug dog’s training when defense didn’t

OR: Appeal of order of mother in juvenile case to provide UAs affirmed for an insufficient appellate record

The mother of a juvenile was ordered to give observed UAs as a part of a dependency-neglect proceeding. She didn’t provide a sufficient appellate record to decide whether the trial court’s order violated the state constitution, so it’s affirmed. Dep’t … Continue reading

Posted in Burden of pleading, Burden of proof, Drug or alcohol testing, Reasonable suspicion | Comments Off on OR: Appeal of order of mother in juvenile case to provide UAs affirmed for an insufficient appellate record

IN: State’s motion to reconsider suppression order led to time for interlocutory appeal to run

The state’s motion to the trial court to reconsider its suppression order was denied. In the meanwhile, the time to seek interlocutory appeal of the suppression order lapsed. Appeal dismissed. State v. Fahringer, 2019 Ind. App. LEXIS 404 (Sept. 12, … Continue reading

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E.D.Wis.: The affidavit lacked PC and didn’t connect def’s van to the crime, but the GFE applies anyway

The affidavit lacked probable cause and didn’t connect defendant’s van to the crime. Yet, it wasn’t so bad that the good faith exception couldn’t apply. [Seems like it should not have applied.] United States v. Burgess, 2019 U.S. Dist. LEXIS … Continue reading

Posted in Good faith exception, Reasonable suspicion | Comments Off on E.D.Wis.: The affidavit lacked PC and didn’t connect def’s van to the crime, but the GFE applies anyway

OH2: Hotel housekeeper found a gun and drugs and the mgr called the police who got a search warrant; that was a private search

Defendant was staying at a hotel, and the housekeeper found a gun and drugs in his room while cleaning it. She told the manager who looked and then called the police. The police told him to secure the room, and … Continue reading

Posted in Private search | Comments Off on OH2: Hotel housekeeper found a gun and drugs and the mgr called the police who got a search warrant; that was a private search

NJLJ: Law Enforcement Should Read Ruling on Detention of Undocumented Immigrants

NJLJ: Law Enforcement Should Read Ruling on Detention of Undocumented Immigrants (“The Third Circuit’s decision provides a ‘teachable moment’ with regard to the role of, and limits on, local law enforcement in detentions of undocumented aliens.”).

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WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police [for raiding the wrong house]

WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police by Jake Zuckerman. Police raided a house after falsely stating that one Figueroa lived there and made several drug deals. It was the wrong … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Warrant execution | Comments Off on WV Gazette: Officers found his $25K of heroin. He walked free, and now he’s suing police [for raiding the wrong house]

D.N.M.: Search and seizure claim against USSG enhancement doesn’t have to be decided; it applies another way

Defendant sort of raised a search claim as attacking a USSG enhancement, but the court finds that the enhancement applies no matter what. Martinez v. United States, 2019 U.S. Dist. LEXIS 154693 (D. N.M. Sept. 11, 2019).* Defendant’s unconstitutional arrest … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine | Comments Off on D.N.M.: Search and seizure claim against USSG enhancement doesn’t have to be decided; it applies another way

GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn’t the guy

Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn’t the guy, but it doesn’t make it unreasonable to stop … Continue reading

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Sputnik International: ‘Inherently Racist’: Stop-And-Frisk Data Vindicates Activists’ Claims About DC Police Practice (opinion)

Sputnik International: ‘Inherently Racist’: Stop-And-Frisk Data Vindicates Activists’ Claims About DC Police Practice (opinion):

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CA4: USMJ must review law firm’s seized privileged materials, not USAO’s “filter team”

Two days after oral argument on a law firm’s appeal that a USMJ reviewed privileged materials seized from the firm by search warrant and not the USAO’s “filter team,” the Fourth Circuit orders the Magistrate to do it pending issuance … Continue reading

Posted in Privileges, Warrant execution | Comments Off on CA4: USMJ must review law firm’s seized privileged materials, not USAO’s “filter team”