Category Archives: Suppression hearings

D.Kan.: Recusal motion can’t be used as subterfuge just to get rehearing of denied motion to suppress

This second recusal motion looks like defendant is just trying to get rehearing of the denial of his motion to suppress in front of a different judge, and it’s denied. United States v. Williamson, 2019 U.S. Dist. LEXIS 133111 (D. … Continue reading

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OH9: Citizen informant’s 911 call properly admitted at suppression hearing even though hearsay

A 911 call from a citizen informant was properly admitted into evidence becuase hearsay is admissible in suppression hearings. There was a factual basis for defendant’s stop on reasonable suspicion for DUI. The CI’s report was that he was too … Continue reading

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Two reversed for lack of findings on suppression issues

The findings of the district court don’t support the conclusion, so the case is remanded for more findings. The police followed the alleged drunk driving defendant into his house. They had probable cause independent of the illegal entry. People v. … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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

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