Author Archives: Hall

D.S.D.: Inevitable discovery cures a Rodriguez violation

While extending the stop violated Rodriguez, inevitable discovery applies and the evidence is not suppressed. United States v. Conteh, 2018 U.S. Dist. LEXIS 25542 (D. S.D. Feb. 16, 2018):

Posted in Inevitable discovery | Comments Off

OH8: SW for “biological and/or forensic evidence” in a sex crime permitted seizure of a towel

The search warrant specifically stated that police would search for items that might have biological and/or forensic material and any other evidence tending to establish rape, but it didn’t specify a towel. The towel seized fell under the scope of … Continue reading

Posted in Particularity | Comments Off

S.D.Ohio declines to wait for Microsoft to be decided and issues SW for gmail in another country

The government has applied for a Google search warrant stored overseas. Rather than wait for United States v. Microsoft to be decided, the court reviewed all the briefing in that case and decides that the search warrant will issue. In … Continue reading

Posted in F.R.Crim.P. 41, Reasonableness, Warrant execution | Comments Off

D.Utah: The REP is reduced on the curtilage of a duplex

Defendant was found to have abandoned property on the common area of the duplex. The privacy of the curtilage is reduced when there are others on the joint property of a duplex. United States v. Lucero, 2018 U.S. Dist. LEXIS … Continue reading

Posted in Abandonment, Curtilage, Informant hearsay | Comments Off

S.D.Ala.: Handwritten corrections on SW required a hearing as to how and why

The government contended in its brief on the motion to suppress that the search warrant was supported by controlled buys and didn’t otherwise support the CI. That requires a hearing. Corrections whiting out the address and changing it is enough … Continue reading

Posted in Standing, Warrant requirement | Comments Off

CA11: District court didn’t commit plain error by imposing suspicionless supervised release condition

Defendant was convicted of wire fraud, and the district court imposed a condition of suspicionless searches for supervised releases. He complains that the court didn’t adequately explain the justification. No case says that the district court needed to, and there … Continue reading

Posted in Franks doctrine, Probation / Parole search | Comments Off

S.D.Ala.: That ID’ing informant “may reveal” information helpful to the defense isn’t good enough

The potential that the informant “may reveal” information helpful to the defense isn’t good enough to get the informant’s identification. United States v. Reed, 2018 U.S. Dist. LEXIS 25448 (S.D. Ala. Feb. 16, 2018). The entry was based on observation … Continue reading

Posted in Ineffective assistance, Informant hearsay | Comments Off

OH5: Exigency for blood draw from accident at 1:30 am and hospitalization

Exigent circumstances existed which justified the warrantless draw of defendant’s blood. “The accident occurred at approximately 1:30 a.m. on May 8, 2016. After his initial contact with Appellant, Officer Lewis was unable to investigate further due to Appellant’s condition. Emergency … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency | Comments Off

D.Kan.: After entry to arrest parole absconder, the govt could rely on protective sweep, plain view, and plain smell doctrines to expand the entry

Officers had a parole absconder warrant to retake defendant. At his motel room door, they could smell marijuana inside. After the entry, the government could rely on protective sweep, plain view, and plain smell doctrines to expand the entry. Finally, … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Probation / Parole search | Comments Off

E.D.Mich.: It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a GJ

It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a grand jury. That was settled in Calandra in 1974. United States v. Boston, 2018 U.S. Dist. LEXIS 23751 (E.D. Mich. Feb. 14, 2018). “Accordingly, the court finds that … Continue reading

Posted in Exclusionary rule, Probable cause | Comments Off

techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That

techdirt: Appeals Court: Handcuffing A Compliant Ten-Year-Old Is Unreasonable But Deputy Had No Way Of Knowing That by Tim Cushing: Time and time again, courts remind officers of the law don’t actually have to know the law to enforce the … Continue reading

Posted in Qualified immunity, Reasonableness | Comments Off

S.D.Ohio: Affidavit for SW judicially estopped govt to claim no standing

The affidavit for the search warrant alleged the house was defendant’s house. The government was judicially estopped from claiming otherwise in the proceeding without real evidence the affidavit was wrong. [I’ve been arguing this for years; see Treatise § 4.03.] … Continue reading

Posted in Burden of proof, Motion to suppress, Standing | Comments Off