Category Archives: Uncategorized

CA5: Unconditional guilty plea waives 4A claims

Even after Class v. United States, 138 S. Ct. 798 (2018), an unconditional guilty plea waives search and seizure claims. “So under Class, Torres may not raise a Fourth Amendment challenge on appeal, given his voluntary unconditional guilty plea. See … Continue reading

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Off Topic: MA: Crime lab drug analyist’s misconduct coupled with state’s failure to disclose leads to dismissal of more cases

In the case involving the drug lab chemist’s theft of drugs and false reports, the Massachusetts SJC orders dismissal of other cases not already dismissed by the state for the combined effect of her actions and the state’s failure to … Continue reading

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Website been down 44 hours because of server failure in Chicago server farm

Or so they say. It took a long time to recreate because of the 20,000+ posts that were there. And, the posts from October 5-8 were lost in the crash. I guess I’ll have redo those. This will stay at … Continue reading

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The Atlantic: The Chicago Culture That Created Jason Van Dyke

The Atlantic: The Chicago Culture That Created Jason Van Dyke by Nicole Gonzalez Van Cleve: Judges who questioned the veracity of police testimony were considered disrespectful traitors and were treated as such.

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Above the Law: Colonists Had More Protections From Unreasonable Government Searches Than We Do Now

Above the Law: Colonists Had More Protections From Unreasonable Government Searches Than We Do Now by Tyler Broker Blame the modern drug war and its erosion of Fourth Amendment guarantees.

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Project on Government Oversight: A Day Without the Fourth Amendment

Project on Government Oversight: A Day Without the Fourth Amendment by Jake Laperruque: Accompany our hero on his journey through a fictional world without the Fourth Amendment.

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AZ: The drug courier profile has its place in supporting RS, but it doesn’t have any place at trial

Drug courier profile evidence has its place (“Drug-courier profile evidence suggests that a defendant possesses one or more behavioral characteristics typically displayed by persons trafficking in illegal drugs. See State v. Haskie, 242 Ariz. 582, 585 ¶ 14, 399 P.3d … Continue reading

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CA10: Search of car was inevitable by later inventory (completely overlooking automobile exception)

Defendant was stopped after robbing a Dollar General store of cigarettes. When confronted in the parking lot, he pulled a gun on the employees. Albuquerque PD found the car, surrounded it, and got him out. The car was searched and … Continue reading

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PA grants review on whether executed SWs are public records under common law right of access

In re 2014 Allegheny County Investigating Grand Jury, 2018 Pa. LEXIS 4488 (Aug. 29, 2018):

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E.D.Va.: When the stop is based on RS of speeding, the unmarked car’s speedometer doesn’t have to be “calibrated”; when there are two bases for stop, attacking one isn’t good enough

Defendant argues that his stop wasn’t justified because the police officer paced him with the uncalibrated speedometer on his unmarked car. The question, though, is reasonable suspicion, and aside from speeding there was a window tinting violation. So, the stop … Continue reading

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CA11: Use of a “sniffer” to locate CP on a computer not mentioned in the SW not unreasonable search

Use of a sniffer device to search defendant’s computers at Emory University was not unreasonable just because the search warrant didn’t mention using it. United States v. Sullivan, 2018 U.S. App. LEXIS 23315 (11th Cir. Aug. 21, 2018).* Defendant was … Continue reading

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OH6: Traffic stop led to finding outstanding warrants and led to valid search of car, without even trying to tell us how

Defendant was lawfully stopped for a lane violation. Running his DL led to finding outstanding warrants. “Having ascertained appellant’s identity and outstanding felony warrants, a lawful search led to the discovery of appellant’s unlawful drugs and firearm.” [What was the … Continue reading

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