Author Archives: Hall

N.D.Ga.: Bank robbery suspect who fled car after PIT maneuver stopped it abandoned it

“After looking at the collective knowledge of law enforcement at the time of the arrest—which includes four eyewitness identifications, one voice identification, and a tip from the defendant’s own girlfriend turning him in for the People’s Bank robbery—the court finds … Continue reading

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NY1: Tossing backpack from car is waiver of REP

Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. … Continue reading

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OH5: Suppression motion cannot be denied solely for def’s nonappearance at hearing

Defendant failed to appear for his suppression hearing, and the trial court denied the motion based on that. He has a constitutional right to be present, and the court could not deny the motion solely on that ground. Reversed. If … Continue reading

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S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

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CA9: Court can’t order return of property govt doesn’t have

Defendant can’t get an order for return of property where he can’t show that the government even has it. United States v. Tziu-Uc, 2018 U.S. App. LEXIS 34105 (9th Cir. Dec. 4, 2018). Self-represented defendant claimed ineffective assistance of counsel … Continue reading

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S.D.N.Y.: No standing in an email account def didn’t open and disavows

Defendant has no standing in an email account that was opened by somebody else that he disavows is even connected to him. United States v. Lewis, 2018 U.S. Dist. LEXIS 202501 (S.D. N.Y. Nov. 29, 2018). Reconsideration of prior denial … Continue reading

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D.Mont.: Probation search of place probationer was merely visiting unreasonable

A person on supervised release was subject to a search condition of his residence. That did not include places he was visiting. Search of his backpack suppressed; a search warrant was required to even enter the premises of a third … Continue reading

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W.D.Mo.: Boilerplate Franks claim fails on its face

“The defendant’s boilerplate claim that the ‘information used to obtain the search warrant from the Circuit Court judge was flawed with false allegation….’, … does not meet the Franks test for a hearing.” “While defendant did not explicitly argue that … Continue reading

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NBC News: American-born citizen sues sheriff after he was nearly deported to Jamaica

NBC News: American-born citizen sues sheriff after he was nearly deported to Jamaica by Daniella Silva: Peter Sean Brown, who was born in Philadelphia, was detained by Florida authorities and flagged for deportation after a request from ICE, according to … Continue reading

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PA: GPS tracker and audio recorder worn by CI for safety reasons not prohibited by Jones or 4A

The CI had a recorder and GPS tracking device placed on him for his safety while he was riding with the defendant. This is not a “tracking device” under state statute or Jones because it wasn’t planted on defendant’s property, … Continue reading

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CA11: Supported claim of false testimony to frame ptf satisfied pleading requirement of § 1915A(b)(1)

Pro se inmate’s request to amend his complaint that he was framed with false testimony from an officer to get search warrant, corroborated by action by the state’s attorney, stated enough to get over the pleading hurdle of 28 U.S.C. … Continue reading

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Cal.: Jailhouse writings could be seized with SW to prove def’s competence at trial

A search warrant was executed on defendant’s jail cell on the eve of trial and produced writings that refuted defendant’s claim of incompetence to understand the proceedings. They were admissible. People v. Buenrostro, 2018 Cal. LEXIS 9384 (Dec. 3, 2018).* … Continue reading

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