Category Archives: Uncategorized

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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Wired: Why Police Should Monitor Social Media to Prevent Crime

Wired: Why Police Should Monitor Social Media to Prevent Crime by Christopher Raleigh Bousquet (opinion):

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CA4: Even if Posse Comitatus Act was violated in investigation, there is no judicial remedy

Defendant argued “the Defense Criminal Investigative Service (DCIS) violated the Posse Comitatus Act (PCA), 18 U.S.C. § 1385 (2012), by participating in the criminal investigation.” The motion wasn’t timely, and, on the merits, there is no remedy for violation. United … Continue reading

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Cohen pleadings online for today’s hearing in S.D.N.Y.

Two pleadings are online in Cohen v. United States, 1:18-mj-03161-KMW (S.D. N.Y.). A reply by Cohen may be filed today. Read them. The Government has the better argument. I don’t see Cohen’s argument against a “filter team” even in the … Continue reading

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Thinking:

Col. Abel to his lawyer: Abel: Standing there like that you reminded me of the man that used to come to our house when I was young. My father used to say: “watch this man”. So I did. Every time … Continue reading

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Atlantic: The Principle of Professional Law Enforcement Is Now on the Line

Atlantic: The Principle of Professional Law Enforcement Is Now on the Line by Benjamin Wittes: If the president can, with impunity, remove the deputy attorney general, the very notion that law enforcement has a higher function than serving power becomes … Continue reading

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