Category Archives: Uncategorized

IN: Law firm’s suit over fees for work complying with GJ subpoena to client leads to reduced fees

The law firm sued over its attorneys fees in complying with federal grand jury subpoenas for a client after a search warrant directed to the client. The trial court made findings of fact finding the reasonable fee one-third of what … Continue reading

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TX: Perjured police testimony in drug raid leads to finding of actual innocence

Petitioner showed actual innocence to get his drug conviction set aside. The Houston officer involved was shown to be a perjurer in drug case search warrant requests and trial testimony. That led to two deaths during a botched no-knock drug … Continue reading

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W.D.N.Y.: Def’s guilty plea even waived IAC 4A claim

Defendant’s guilty plea waived his ineffectiveness claim on failure to investigate a possible Fourth Amendment claim. “Respondent argues that Petitioner’s ineffectiveness claim based on Defense Counsel’s failure to conduct a reasonable investigation into the search and seizure of her home … Continue reading

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N.D.Cal.: With California’s legalization of small amounts of marijuana, law enforcement can’t use federal criminal law as an excuse to search

Legalization of recreational marijuana in California makes possession of small quantities legal, despite federal criminal law leaving marijuana in schedule I, and thus denies law enforcement the ability to search for it. United States v. Talley, 2020 U.S. Dist. LEXIS … Continue reading

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E.D.Mo.: Slightly speeding is still speeding and supports a stop

Defendant was slightly speeding and does not dispute it. The gravity of the traffic offense doesn’t matter on the reasonableness of the stop. United States v. Betances, 2020 U.S. Dist. LEXIS 105632 (E.D.Mo. May 18, 2020):

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Protocol: New York lawmakers want to outlaw geofence warrants as protests grow

Protocol: New York lawmakers want to outlaw geofence warrants as protests grow by Issie Lapowsky (“Geofence warrants are a relatively new but rapidly expanding phenomenon. Rather than issuing a warrant for data on a specific individual, these warrants seek information … Continue reading

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Reason: Criminal Justice Divides the ‘Conservative’ Judiciary

Reason: Criminal Justice Divides the ‘Conservative’ Judiciary by Damon Root (“Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.”)

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Proposed Justice in Policing Act of 2020, some proposals on arrest and frisk, qualified immunity, use of force, and no-knock warrants

Proposed Justice in Policing Act of 2020 in the House of Representatives: some proposals on arrest and frisk, qualified immunity, use of force, and searches: In § 103, repeals case law on qualified immunity in revised § 1983 (pdf at … Continue reading

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“America was neither founded, nor freed, by the well-behaved.”

— Semmes Luckett Jr. of Clarksdale, Mississippi [This was posted on July 4, 2010 & 2012]

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Law.com/NYLJ: COVID-19 and the Constitution: How the Bill of Rights Is Being Tested by the Coronavirus

Law.com/NYLJ: COVID-19 and the Constitution: How the Bill of Rights Is Being Tested by the Coronavirus by John Curran, Jake Gardener and Jeffery Ding (“The coronavirus is set to test our Bill of Rights more broadly than any other event … Continue reading

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FL1: Retaining lawfully obtained DNA in CODIS isn’t a separate search subject to 4A

“The retention of a lawfully obtained DNA record on CODIS for future use does not constitute a separate search or implicate the Fourth Amendment.” Porter v. State, 2020 Fla. App. LEXIS 7218 (Fla. 1st DCA May 26, 2020). Defendant was … Continue reading

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AR: State const’l requirement of right to refuse consent on knock-and-talk reaffirmed; suppression hearing stipulation can’t be used at trial

The police violated a longstanding state constitutional prohibition of a knock-and-talk seeking consent to enter a home without a warning of a right to refuse. In addition, a factual stipulation for the suppression hearing couldn’t be used by the state … Continue reading

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We’re back, somewhat

After three weeks of recovery, I’m going to get started on getting caught up. Three weeks behind is hundreds of cases I have to screen. It will be six weeks getting caught up, probably. So, basic cases that won’t be … Continue reading

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Update on author

The author has been out due to illness (not COVID-19 related!), and will begin updating this site again next week. It was to be two days in hospital, but will end up being 11-12.

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Just Security: How Much Liberty Must We Give Up? A Constitutional Analysis of the Coronavirus Lockdown Proposals

Just Security: How Much Liberty Must We Give Up? A Constitutional Analysis of the Coronavirus Lockdown Proposals by Ahilan Arulanantham (“Benjamin Franklin once said that ‘those who would give up essential liberty to purchase a little temporary safety deserve neither … Continue reading

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Reason: Volokh Conspiracy: Restrictions on Interstate (and Intrastate) Travel in an Epidemic

Reason: Volokh Conspiracy: Restrictions on Interstate (and Intrastate) Travel in an Epidemic (are generally constitutional (whether they forbid travel to a particular place, or require travelers to be temporarily quarantined)) by Eugene Volokh

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