Category Archives: Uncategorized

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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D.P.R.: The fact the police statements weren’t the same doesn’t mean there’s a Franks violation or no PC

The officer’s statement wasn’t inconsistent with the reports of others and didn’t support a Franks claim. It’s entirely possible that the reports of others were all true and merely reported different observations than the officers. Therefore, no Franks violation. United … Continue reading

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CA3: FBI doesn’t need permission from the states under 10A to get a SW in a bank robbery

“Johnson argues that ‘if a search warrant was required then the 10th Amendment requires the Department of Justice to obtain subject matter jurisdiction because the administration of criminal justice under our federal system has rested with the States.’ Pro Se … Continue reading

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Relevance of a Jesus Malverde statute

Not a Fourth Amendment case, but a relevance issue in drug cases: Was there prejudice from testimony about a Jesus Malverde statute? United States v. Valencia, 2018 U.S. App. LEXIS 21659 (8th Cir. Aug. 6, 2018)*:

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OH2: Ptf’s claims decided in criminal case were res judicata to civil case over same search

Res judicata barred plaintiff’s claims against the county for illegal search already decided against him in the criminal case. Cooper v. Montgomery County Sheriff, 2018-Ohio-2965, 2018 Ohio App. LEXIS 3208 (2d Dist. July 27, 2018). “Based on the totality of … Continue reading

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FL4: Parkland school shooting videos obtained by SW subject to state FOIA

After the Parkland FL school shooting, police got a search warrant for all the school video. The news media then made a public records request for it all, which the court found reasonable. “The evidence presented by the Media establishes … Continue reading

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CA11: Newly discovered evidence that officer committed perjury years after obtaining def’s SW wasn’t sufficient for successor habeas

Newly discovered evidence that the police officer involved in obtaining the search warrant for petitioner had committed perjury in some other proceeding years later wasn’t sufficient to show actual innocence for successor habeas. In re Taylor, 2018 U.S. App. LEXIS … Continue reading

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OH3: Def counsel not ineffective for strategy not to challenge car search to distance him from the drugs for trial

Defense counsel was not ineffective for not filing a motion to suppress because he would have to admit he owned or possessed the car for standing, and that was contrary to his defense that it wasn’t his drugs. State v. … Continue reading

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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):

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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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