Category Archives: Burden of pleading

D.Minn.: A generic motion to suppress should be denied for telling the court nothing

“[F]ailure to affirmatively provide the Court with support for the motion as it relates to the warrant is a sufficient basis for denial of the motion.” Even so, the court goes to the merits and finds probable cause. United States … Continue reading

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D.Minn.: A vague allegation of no PC for SW is insufficient to get even a hearing; specifics needed

“Defendants’ earlier-filed motions fail to raise any specific deficiencies in the warrants, but rather generally allege that the warrants lack probable cause. Defendants have similarly failed to point to any specific shortcomings in the affidavits in support of each warrant. … Continue reading

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D.Colo.: To just say a SW is “stale” in a motion to suppress says nothing; def has to show how or why it is stale

Defendant “cannot simply state general legal principles and expect the Court or the Government to figure out what he means to argue. Burciaga bears the burden here, and this ‘argument’ does not satisfy it. Accordingly, the Court will not inquire … Continue reading

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MA: Bag of dope protuding from butt crack was seized in a strip search, not a body cavity search

“During a lawful strip search of the defendant following his arrest, police officers observed a plastic bag protruding from the cleft between his buttocks and caused him to remove it; it was revealed to contain individually wrapped plastic bags of … Continue reading

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OK: Without a specific challenge to overbreadth, trial court errs in deciding it

Defendant moved to suppress his cell phone search for lack of probable cause. He did not challenge the scope of the warrant. Therefore, the district court erred in deciding that the search warrant was overbroad. “The District Court erred when … Continue reading

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MN decides that gaps in the state’s version don’t preclude the CI being a material witness so the CI must be disclosed

“If a warrant to search a home relies on information from a confidential police informant about contraband inside the home, but the warrant application includes no facts indicating whether the informant could be considered a government agent who violated the … Continue reading

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NY2: “Defense counsel’s equivocal, vague and conclusory statements that defendant had standing to challenge the searches” has no offer of proof or facts

“The court correctly denied, on the ground of lack of standing as well as on the merits, defendant’s motion to controvert two search warrants. Defense counsel’s equivocal, vague and conclusory statements that defendant had standing to challenge the searches of … Continue reading

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AR: Claim of misstatement or incorrect fact in SW affidavit doesn’t state Franks claim without allegation it was reckless or intentional

Merely stating that information in the affidavit for search warrant was incorrect doesn’t preserve a Franks challenge without also alleging that it was recklessly or intentionally made. King v. State, 2019 Ark. 114, 2019 Ark. LEXIS 125 (Apr. 18, 2019). … Continue reading

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W.D.Mo.: Boilerplate Franks claim fails on its face

“The defendant’s boilerplate claim that the ‘information used to obtain the search warrant from the Circuit Court judge was flawed with false allegation….’, … does not meet the Franks test for a hearing.” “While defendant did not explicitly argue that … Continue reading

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E.D.Ky.: Pleading a constitutional violation without saying how preserves nothing for review

“Cruz next present a series of direct challenges, obviously hoping one will stick. He generally asserts that his ‘conviction and sentence are violative of the First, Second, Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution.’ (DE 32, at 7). … Continue reading

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IA: The facts showing RS can also add up to PC

The facts supporting reasonable suspicion to stop defendant were enough for probable cause, and add to that the fact defendant slowed down and tossed a baggie of marijuana from the car. Mention in a search warrant of a Nevada drug … Continue reading

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OH8: State had to argue plain view to trial court to argue it on appeal

The state’s plain view argument wasn’t pressed in the trial court, so it can’t be a basis for appeal. Even on the merits, the state loses because the stop was invalid, and the detention unreasonable all before the alleged plain … Continue reading

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