Author Archives: Hall

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

Ct.Claims: Motion to dismiss denied: “plaintiffs sufficiently allege actions which are inconsistent with the exercise of police power”

Plaintiffs alleged a Fifth Amendment taking because the government took their truck to do a drug operation. The claim survives a motion to dismiss. “Because plaintiffs do not challenge the legality of the government’s action, we deny the jurisdictional challenge. … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off

Just Security: Microsoft Ireland: Extraterritoriality Step Zero

Just Security: Microsoft Ireland: Extraterritoriality Step Zero by Pamela Bookman:

Posted in F.R.Crim.P. 41 | Comments Off

VI: Govt couldn’t rely on inventory to justify search when the vehicle wasn’t impounded

Officer’s knowledge that defendant possessed a firearm was not reasonable suspicion in itself because one could possess a firearm in the VI, albeit with a license. When officers observed bullet holes in the car and defendant was nervous and evasive, … Continue reading

Posted in Automobile exception, Inventory | Comments Off

E.D.Pa.: Govt adequately showed nexus that drugs were in def’s house

The government adequately showed nexus to search defendant’s house because it showed probable cause to believe he was an active drug dealer that likely was keeping his stash at home. United States v. Rosario, 2018 U.S. Dist. LEXIS 23164 (E.D. … Continue reading

Posted in Nexus | Comments Off

GA: Where no violation of clear statute, no Heien reasonable mistake of law defense for state

Defendant did not violate the traffic statute that the officer stopped him for. Therefore, Heien’s reasonable mistake of law and good faith doesn’t apply. Moreover, there is no good faith exception in Georgia. Harris v. State, 2018 Ga. App. LEXIS … Continue reading

Posted in Reasonableness, Rule 41(g) / Return of property | Comments Off

CA11: Becoming defensive about some questioning during stop didn’t rise to RS

Being in a high crime area and then becoming defensive only when the officer asked defendant where his mother lived when it came up was not reasonable suspicion. Defendant’s frisk was unreasonable on the totality. Suppressing the gun found on … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

CA9: Federal civil suit seeking to revisit Guam Superior Court PC determination barred by abstention

A federal suit to have the Guam Superior Court revisit its probable cause determination in a criminal case is barred by Rooker-Feldman doctrine. Santos v. Superior Court of Guam, 2018 U.S. App. LEXIS 3433 (9th Cir. Feb. 14, 2018).

Posted in § 1983 / Bivens | Comments Off

IN: Hot pursuit into Kentucky did not violate state constitution

Defendant was more than reasonably suspected of committing a homicide in Indiana, and police got a line on him heading to Kentucky. A vehicle matching the description of his was seen on the nearest bridge to Kentucky shortly thereafter and … Continue reading

Posted in Hot pursuit, Reasonable suspicion, State constitution | Comments Off

MA: Two detectives joining into a traffic stop didn’t make it unreasonable or extend it

The stop was for a traffic offense, and two detectives stopped to participate. Their questions about smelling marijuana didn’t unreasonably extend the stop. Commonwealth v. Buckley, 2018 Mass. LEXIS 87 (Feb. 14, 2018):

Posted in Reasonable suspicion, Reasonableness | Comments Off

CA7: Controlled buy corroborated CI

“Although the factors [on CI reliability] go both ways, on balance they support the CI’s reliability. Most significantly, the deputies corroborated the CI’s story with their own investigation by conducting surveillance and executing a controlled buy.” United States v. Haynes, … Continue reading

Posted in Excessive force, Informant hearsay | Comments Off