Category Archives: Issue preclusion

MD: Consent to search computer was withdrawn before search

Defendant signed a consent to search his computer hard drive to the US Army CID, but, once lawyered up, he effectively withdrew the consent a week later. The hard drive was searched after the withdrawal of consent, and the search … Continue reading

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CA11: No jurisdiction to enjoin investigation after execution of SW

A District Court has no anomalous jurisdiction to bar the government from using evidence seized with a search warrant in an investigation. There are other remedies at the appropriate time. Trump v. United States. 2022 U.S. App. LEXIS 33296 (11th … Continue reading

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D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant

Based on the totality of circumstances, officers finally had good reason to believe defendant resided in the dwelling he was found in, and the arrest warrant alone was enough to justify entry. United States v. Ulrich, 2022 U.S. Dist. LEXIS … Continue reading

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N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

Defendant gets a Franks hearing even if to rebut the government’s claim the good faith exception applies. The affiant officer claimed there was an “overwhelming” smell of marijuana coming from defendant’s house as they approached for a knock-and-talk, which was … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Good faith exception, Issue preclusion, Plain view, feel, smell | Comments Off on N.D.Ind.: Franks hearing ordered over officer’s claim of smell of MJ

E.D.Va.: Could have seen for plain view isn’t the same as actually seeing

Defendant did not abandon the vehicle he was driving with permission of the owner. When officers asked for consent he said it wasn’t his and it was his “baby mama’s” vehicle. Her permission gave him standing. The court disagrees with … Continue reading

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W.D.Ky.: Clerical error in filestamp of SW return not prejudicial error

Relying on a file mark stamp on a search warrant return that was a year and a few days earlier, defendant claims the issuing judge and officers conspired to back date everything to coverup an illegal search. That’s speculative. The … Continue reading

Posted in Exclusionary rule, Issue preclusion, Plain view, feel, smell | Comments Off on W.D.Ky.: Clerical error in filestamp of SW return not prejudicial error

N.D.Ga.: Not IAC to not pursue unsettled 4A question

2255 petitioner doesn’t show ineffective assistance of counsel on counsel’s not pursuing a Fourth Amendment claim on an unsettled question of law. That’s professional judgment. He has to show that the issue was clearly meritorious. Brito-Arroyo v. United States, 2022 … Continue reading

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IN: Male occupant’s consent to search his house didn’t include the purse of a woman that lived there

Male occupant’s consent to search his house didn’t include the purse of a woman that lived there. The officer could not reasonably believe that he had apparent authority over that. Cinamon v. State, 2022 Ind. App. LEXIS 345 (Oct. 25, … Continue reading

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PA: State’s statement of issues for review didn’t include the precise issue argued so it’s waived

The state in its statement of issues below addressed probable cause but did not mention inevitable discovery. That amounted to a waiver. “The inevitable discovery doctrine is not a subsidiary issue to a claim of adequate probable cause to support … Continue reading

Posted in Border search, Issue preclusion, Probation / Parole search, Waiver | Comments Off on PA: State’s statement of issues for review didn’t include the precise issue argued so it’s waived

OH8: No PC for hot pursuit into house on less than RS

The state showed no probable cause to justify a warrantless entry into the home of a fleeing misdemeanant. Police got a citizen’s report of a possible impaired driver. When they found the car, it had just pulled into the driveway … Continue reading

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E.D.Ky.: Def shows nothing to support claim taint team violated attorney-client privilege in review after SW

Defendant argued that the execution of this search warrant resulted in disclosure of attorney-client privileged information because of alleged misuse of a taint team. But, he provides no context or anything to go on. Taint teams are recognized in such … Continue reading

Posted in Automobile exception, Issue preclusion, Reasonable suspicion, Taint team, Warrant execution | Comments Off on E.D.Ky.: Def shows nothing to support claim taint team violated attorney-client privilege in review after SW

S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district

“The Court will not interfere with the Government’s review of the laptop pursuant to a search warrant obtained from a different Court — except to require the Government to submit a status update no later than October 28, 2022. As … Continue reading

Posted in Burden of proof, Ineffective assistance, Issue preclusion | Comments Off on S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district

CA11: Declaratory judgment suit over search properly dismissed as interfering with criminal process

Plaintiff sought a declaratory judgment about a search issue underlying a criminal investigation. The district court dismissed because there was a remedy in the investigation, if it gets that far. Affirmed. Hawk Innovative Tech, LLC v. United States, 2022 U.S. … Continue reading

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IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

Under dual sovereignty, the federal court’s suppression of evidence in defendant’s federal criminal case had no preclusive effect on a following state court prosecution. The identity of the parties was different. On the merits, the state court concludes there was … Continue reading

Posted in Consent, Emergency / exigency, Issue preclusion, Video surveillance | Comments Off on IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

E.D.Pa.: On scene seizure for a show-up was reasonable

Defendant’s seizure hiding behind a motorcycle for a victim’s ID to determine whether he was involved in a car jacking was reasonable. United States v. Dangerfield-Hill, 2022 U.S. Dist. LEXIS 168306 (E.D. Pa. Sep. 19, 2022). District court’s injunction against … Continue reading

Posted in § 1983 / Bivens, Issue preclusion, National security, Reasonable suspicion | Comments Off on E.D.Pa.: On scene seizure for a show-up was reasonable

MD: Appointment of state trial judges not 4A violation; they have statewide jurisdiction for SWs

Maryland trial judges have statewide jurisdiction for search warrants. Thus, the assignment of judges in Baltimore by the Chief Judge of the state high court violated nothing under the Fourth Amendment. (Without citing Virginia v. Moore. And, even if it … Continue reading

Posted in Issue preclusion, Neutral and detached magistrate, Reasonableness | Comments Off on MD: Appointment of state trial judges not 4A violation; they have statewide jurisdiction for SWs

D.C.Cir.: Question of fact remains on whether PC dissipated before second handcuffing

“We reverse the district court’s grant of summary judgment on the false arrest claims for two reasons. First, there is a genuine dispute of material fact as to whether probable cause for the simple assault charge dissipated before Lin was … Continue reading

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W.D.Wash.: Dog sniff in apt building breezeway violated no REP, and it was moot anyway

On the totality, there was probable cause for cell phone search warrants. One can attempt to explain away the pieces, but the totality shows it. A dog sniff in the breezeway of an apartment complex violated no reasonable expectation of … Continue reading

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CA9: PC determination in underlying criminal case precludes review in later § 1983 case

Plaintiff’s probable cause determination in his underlying criminal case was given preclusive effect in his later § 1983 case. Wilcox v. City of L.A., 2022 U.S. App. LEXIS 24350 (9th Cir. Aug. 29, 2022). Plaintiff overcame qualified immunity. “Under Louisiana … Continue reading

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CAAF: Loaning your cell phone to another doesn’t grant common authority to consent to a search

Defendant loaned his phone to another service member who accidentally discovered child pornography on it. The person the phone was loaned to had no common authority to consent to a search it. United States v. Black, 2022 CAAF LEXIS 614 … Continue reading

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