Category Archives: Burden of pleading

E.D.Cal.: Def satisfies Franks burden to get a hearing because nexus in affidavit for SW is weak

Defendant satisfies the Franks preliminary showing of false or misleading statements about alleged victims to get a Franks hearing. The nexus requirement of the affidavit is just barely met, and the hearing could undermine the probable cause showing. United States … Continue reading

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TN: Overbroad certified question for appeal, such as “the [in]validity of the search and seizure,” leads to dismissal

In a non-search case, the Tennessee Court of Criminal Appeals dismisses an appeal for an overbroad “certified question” for appeal, citing from a 2001 search and seizure case where the issue was presented as “the validity of the search and … Continue reading

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S.D.Ga.: A general motion to suppress a DUI roadblock is denied; that “Something must be wrong here” doesn’t cut it

A general motion to suppress a DUI roadblock on a military base is denied for lack of content of fact or law. United States v. Jefferson, 2017 U.S. Dist. LEXIS 37096 (S.D. Ga. March 15, 2017):

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