Category Archives: Suppression hearings

W.D.Wash.: A potential claim of excessive force during a search doesn’t justify discovery of other alleged incidents of excessive force during searches

Defendant plans a suppression motion claiming that the search was invalid for use of excessive force during the search. He seeks discovery of other allegations of excessive force during searches by the officers, and it’s denied as speculative. United States … Continue reading

Posted in Standards of review, Suppression hearings | Comments Off on W.D.Wash.: A potential claim of excessive force during a search doesn’t justify discovery of other alleged incidents of excessive force during searches

NY3: Judge who signs SW doesn’t have to recuse from suppression hearing

“Initially, defendant failed to preserve his contention that the trial judge should have recused himself because he signed the search warrant authorizing the search of defendant’s person and residence …. In any event, were this argument preserved for our review, … Continue reading

Posted in Suppression hearings | Comments Off on NY3: Judge who signs SW doesn’t have to recuse from suppression hearing

NY2: Judge issuing SW had discretion to recuse from suppression hearing

The judge issuing the Facebook warrant in this case was within her discretion in recusing from determining the merits. Besides, there was probable cause, and the search warrant was particular. People v. Grose, 2019 NY Slip Op 03808, 2019 N.Y. … Continue reading

Posted in Standing, Suppression hearings | Comments Off on NY2: Judge issuing SW had discretion to recuse from suppression hearing

C.D.Cal.: Probation search def wins motion in limine to keep probation records out of jury trial

Defendant was arrested as a result of a probation search. The government succeeds in a motion in limine that the probation records aren’t admissible in the hearing in the prosecution. United States v. Flores, 2019 U.S. Dist. LEXIS 74506 (C.D. … Continue reading

Posted in Probation / Parole search, Suppression hearings | Comments Off on C.D.Cal.: Probation search def wins motion in limine to keep probation records out of jury trial

MT: An improperly certified police officer was still competent as a witness at a suppression hearing under Rule of Evid. 601, 602

An improperly certified police officer was still competent as a witness at a suppression hearing because all witnesses are generally competent to testify to what they saw. Rule of Evid. 601, 602. Under the totality of circumstances, there was probable … Continue reading

Posted in Probation / Parole search, Suppression hearings | Comments Off on MT: An improperly certified police officer was still competent as a witness at a suppression hearing under Rule of Evid. 601, 602

CA11: Failure to object to USMJ’s R&R on search claim is waiver for appeal

Defendant waived his suppression motion by not seeking review of the USMJ’s R&R. United States v. Pugh, 2019 U.S. App. LEXIS 9254 (11th Cir. Mar. 28, 2019). “The Court need not determine whether any of these facts alone would be … Continue reading

Posted in Reasonable suspicion, Suppression hearings | Comments Off on CA11: Failure to object to USMJ’s R&R on search claim is waiver for appeal

If the SW or other exhibits are a potential issue for appeal, they needs to be in the record

Defendant’s ineffective assistance of counsel claim about defense counsel’s handling of an alleged defective search warrant claim couldn’t be considered on appeal where nobody put the search warrant in the appellate record. Holland v. State, 2019 Tenn. Crim. App. LEXIS … Continue reading

Posted in Suppression hearings | Comments Off on If the SW or other exhibits are a potential issue for appeal, they needs to be in the record

D.Mont.: After removing tainted information from the SW affidavit, it’s the job of reviewing court to independently evaluate the PC

When removing tainted evidence from the affidavit for the search warrant and retesting it, the issuing judge is not to be a witness. It’s the court’s duty to reevaluate the application for the search warrant on its own. United States … Continue reading

Posted in Attenuation, Suppression hearings | Comments Off on D.Mont.: After removing tainted information from the SW affidavit, it’s the job of reviewing court to independently evaluate the PC

E.D.Va.: Child sex offense revealed during FISA warrant doesn’t entitle defense to see the papers to attempt to suppress

Defendant is accused of a coercion of a minor for sex that was revealed during a FISA warrant. The AG having certified that revealing the source would harm national security, the defense doesn’t get to see the papers submitted in … Continue reading

Posted in Suppression hearings, Warrant requirement | Comments Off on E.D.Va.: Child sex offense revealed during FISA warrant doesn’t entitle defense to see the papers to attempt to suppress

S.D.Fla.: There is no constitutional right of a defendant to testify at a suppression hearing

The right to testify at a trial doesn’t also mean that a defendant has a constitutional right to testify at a suppression hearing. Here, defendant wasn’t even present at the suppression hearing. The court finds that defense counsel wasn’t ineffective … Continue reading

Posted in Suppression hearings | Comments Off on S.D.Fla.: There is no constitutional right of a defendant to testify at a suppression hearing

CA6: No showing insurance company’s investigative report was cause of his arrest; also didn’t plead state action

Plaintiff sued his insurance company for participating in his false arrest because they submitted their own investigative file to law enforcement. There is no evidence that law enforcement didn’t conduct its own independent analysis of what they received. In addition, … Continue reading

Posted in § 1983 / Bivens, Suppression hearings | Comments Off on CA6: No showing insurance company’s investigative report was cause of his arrest; also didn’t plead state action

CA10: District court was within its discretion to limit cross as to extraneous matters in SW affidavit at suppression hearing in light of issues

In light of the controlled buy that formed the basis for the search warrant here, the district court acted within its discretion in limiting broad cross-examination of the officer about what it found were extraneous matters in the affidavit. The … Continue reading

Posted in Franks doctrine, Suppression hearings | Comments Off on CA10: District court was within its discretion to limit cross as to extraneous matters in SW affidavit at suppression hearing in light of issues