Category Archives: Uncategorized

W.D.Tex.: Def shows a “substantial question” of the legality of his search for bail pending appeal of his conviction

Defendant showed a substantial enough question for appeal on the legality of a protective sweep that led to a plain view, so he gets bail pending appeal. United States v. Roark, 2019 U.S. Dist. LEXIS 198264 (W.D. Tex. Nov. 15, … Continue reading

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Adventures in federal court in Springfield MO

I tried a ten count wire fraud and money laundering case in the Western District of Missouri in Springfield this past week. The jury convicted. The last 30 minutes was the most interesting, and gratifying: As we came back for … Continue reading

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In a week long federal trial

Which is why postings have been so sporadic for the last ten days and will be through Friday

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Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible

Lexology: Courts continue to consider intersection of Fourth Amendment and technology: without a warrant, retrieval of car’s electronic data unconstitutional, but surveillance on hunting property permissible by Brian J. Willett

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CA10: When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the 5A

When the police destroy your house in aid of the police power because of a barricaded suspect, it’s not a taking under the Fifth Amendment. [The Fourth Amendment is not cited.] Lech v. Jackson, 2019 U.S. App. LEXIS 32393 (10th … Continue reading

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CA6: Codef’s appeal from same suppression hearing already affirmed, so that’s law of the case [even though he didn’t get to brief it, so how fair is that?]

The codefendant’s appeal on the same grounds, from the same suppression hearing was affirmed in July. That’s law of the case as to this defendant. United States v. Thompson, 2019 U.S. App. LEXIS 30910 (6th Cir. Oct. 16, 2019). “Carter … Continue reading

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CA11: There was RS others were in the house to justify a protective sweep which includes opening a closet

Officers had specific and articulable facts of persons that might be in the house, so a protective sweep was permitted. This included opening a closet door where an assault rifle was found. United States v. Solano-Mendoza, 2019 U.S. App. LEXIS … Continue reading

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KY: No right to advice of DUI rights in Spanish

“On the strength of Rhodes, we hold law enforcement officers satisfy KRS 189A.105(2), which requires a suspected drunk driver be ‘informed’ of specific rights and consequences associated with Kentucky’s implied consent law as expressed in KRS 189A.103, by reading the … Continue reading

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OH10: Post-conviction petition alleging Franks violation has to be factually specific

Defendant in his post-conviction petition doesn’t show sufficient falsity to undermine the search warrant. State v. Edwards, 2019 Ohio App. LEXIS 3977 (10th Dist. Sept. 26, 2019).* Factual disputes preclude appeal of a denial of qualified immunity to a police … Continue reading

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NYT: Opinion: Privacy Is Not Your Responsibility

NYT: Opinion: Privacy Is Not Your Responsibility by Charlie Warzel (“The idea that you have control is an insidious illusion.”)

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Search issues resolved on appeal can’t be considered in post-conviction

Petitioner’s 2255 Fourth Amendment claim was already decided on direct appeal and can’t be raised now. Felix v. United States, 2019 U.S. Dist. LEXIS 154587 (M.D. Fla. Sept. 11, 2019).* Same with this state conviction. Haithcox v. State, 2019 MT … Continue reading

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WaPo: A man live-streamed his traffic stop. He recorded police fatally shooting him.

WaPo: A man live-streamed his traffic stop. He recorded police fatally shooting him. By Katie Mettler (“It remains unclear what prompted police to use lethal force.”)

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