Category Archives: Uncategorized

DC (en banc): Way off topic but important: Possibility of deportation makes a “petty” offense “serious” and requires a jury trial

Bado v. United States, 2018 D.C. App. LEXIS 258 (June 21, 2018) (en banc): Jean-Baptiste Bado appeals his conviction for misdemeanor sexual abuse of a minor, after a bench trial, on the ground that he was denied the right to … Continue reading

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CA3: Mere presence of transgender student in bathroom of gender identity violates no privacy right of ptfs

Plaintiffs objected to transgender students using school bathrooms in accord with their gender identity claiming a right of privacy. The district court denied an injunction and they appealed. The Third Circuit affirmed because there was no infringement on their privacy … Continue reading

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WaPo: Texas woman says warrant presented for son killed by police

WaPo: Texas woman says warrant presented for son killed by police by AP: ARLINGTON, Texas — The mother of a black Texas man whom police fatally shot last year said Wednesday that sheriff’s deputies recently turned up at her mother’s … Continue reading

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SCOTUS: “The automobile exception does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein.”

The power of curtilage: Collins v. Virginia, 2018 U.S. LEXIS 3210 (May 29, 2018) (8-1, Alito dissenting):

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D.Minn.: No right to being stopped at earliest time

There was reasonable suspicion for defendant’s stop, and it isn’t material that the officer chose to wait a few minutes before making the stop. United States v. Taariq, 2018 U.S. Dist. LEXIS 85630 (D. Minn. May 22, 2018). Plaintiff inmate’s … Continue reading

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NYTimes: In Fight Against Violent Crime, Justice Dept. Targets Low-Level Gun Offenders

NYTimes: In Fight Against Violent Crime, Justice Dept. Targets Low-Level Gun Offenders. In my district, through the end of March, 200 cases were filed. Normally, 100. Granted, there are many multi-defendant cases, but the AUSAs told me that they’re taking … Continue reading

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W.D.N.C.: Being parked in the middle of the road with the engine running is RS

“In this case, the evidence is clear that Officer Paxton observed a Mercedes Benz parked in the middle of the road with its engine running and lights on. After his initial approach to the car, he discovered that both the … Continue reading

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D.Me.: Three alternative bases to uphold search

“The Court discerns [and finds] three alternative bases for determining that the December 20 interaction was lawful: either (1) the interaction with Defendant constituted a consensual encounter until Defendant admitted to possessing marijuana; (2) the officers executed a lawful Terry … Continue reading

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D.Md.: After 4A claim affirmed on appeal, 2255 isn’t available to litigate the merits

No, the defendant doesn’t get to continue litigating his Fourth Amendment claim into infinity by going to 2255 after loosing the appeal. White v. United States, 2018 U.S. Dist. LEXIS 70628 (D. Md. Apr. 26, 2018):

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Business Insider: Three pleadings from Special Counsel in U.S. v. Manafort, two on motions to suppress

Business Insider: We read all 67 pages of Mueller’s latest court filings on Paul Manafort — here are the main takeaways by Sonam Sheth

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NACDL establishes Fourth Amendment Center

Press release: NACDL establishes Fourth Amendment Center:

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NJ: DV seizure order and SW issued; dismissal of DV matter doesn’t affect independent SW

Family court DV search warrant was adequate and helped support an additional search warrant by the criminal court. There was probable cause. The ultimate dismissal of the DV petition had no legal effect on the validity of the search warrant. … Continue reading

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