Category Archives: Waiver

CT: Exigency shown for animal control entry

“Our scrupulous examination of the entire record supports the court’s conclusion that the officers had reasonable cause to believe that the dogs contained within the barn were in imminent harm and neglected, or cruelly treated.” City of Middletown v. Wagner, … Continue reading

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M.D.Pa.: Def’s Franks challenge fails for being vague as to what was inadequate and even which warrants were being challenged

“First, on a fundamental level, Bressi’s Franks request is insufficiently specific for this Court to reconstruct the warrants. Bressi does not point to a specific search warrant he claims was obtained through Agent O’Malley’s intentional or reckless disregard for the … Continue reading

Posted in Burden of pleading, Cell phones, Franks doctrine, Probable cause, Waiver | Comments Off on M.D.Pa.: Def’s Franks challenge fails for being vague as to what was inadequate and even which warrants were being challenged

D.S.D.: Misidentifying cell phone make in SW no error where number and pass code were correct

Misidentifying defendant’s cell phone for a search warrant as a Motorola when it was a Samsung is a mistake that can be overlooked. It had the phone number in the warrant and defendant’s pass code opened it. Finally, the good … Continue reading

Posted in Cell phones, Prison and jail searches, Reasonableness, Waiver, Warrant papers | Comments Off on D.S.D.: Misidentifying cell phone make in SW no error where number and pass code were correct

CA10: Failure to mention search condition for supervised release at sentencing cured by it being in judgment

At sentencing, defendant was told that the “standard conditions apply,” and being subjected to warrantless searches was not mentioned. It was, however, in the judgment, and that’s notice enough. United States v. Martin, 2024 U.S. App. LEXIS 22091 (10th Cir. … Continue reading

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KS: Def’s general motion to suppress didn’t preserve particularity for appeal

“Huggins argued one reason for suppression at trial and hopes the language of his objection was sufficiently vague to preserve a different basis for appeal. This defeats the statutory requirement for specificity, and it leaves trial courts guessing what the … Continue reading

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MO: Break in chain from Good Samaritan Law entry occurred when def was searched for transport in police car

The Missouri Good Samaritan Law provides immunity from prosecution from evidence of crime found as a result of a medically-related entry. Here, however, defendant was searched before he was placed in a patrol car, and immunity wasn’t what the legislature … Continue reading

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N.D.Fla.: Speeding stop doesn’t require state to prove officer’s speedometer was properly calibrated

Speeding 10 over the speed limit justified the stop, and the state didn’t have to prove the police car speedometer was properly calibrated. United States v. Powell, 2024 U.S. Dist. LEXIS 153757 (N.D. Fla. Aug. 8, 2024), adopted, 2024 U.S. … Continue reading

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CA10: Merely citing the 4A without explanation didn’t preserve the argument made on appeal

Plaintiff’s sole search claim that officers “in so doing unjustifiably trespassed on his Fourth Amendment right to privacy” did not put the district court on notice of his specific claim now asserted on appeal. United States v. Murillo-Gonzalez, 2024 U.S. … Continue reading

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CA4: Def left car door open in traffic stop and that enabled plain view

Defendant’s stop was valid, and he got out of the car leaving the door open. The officer could see the firearm in the car, and that’s plain view. United States v. Bailey, 2024 U.S. App. LEXIS 20336 (4th Cir. Aug. … Continue reading

Posted in Computer and cloud searches, Particularity, Plain view, feel, smell, Waiver | Comments Off on CA4: Def left car door open in traffic stop and that enabled plain view

CA8: Changing the inventory search argument on appeal was waiver

Defendant’s chain of custody argument after an inventory search was differently articulated than in the district court so it’s not preserved. United States v. Edwards, 2024 U.S. App. LEXIS 19568 (8th Cir. Aug. 6, 2024).* Defendant’s nolo plea waived his … Continue reading

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KS: Ptf’s criminal case reversed and dismissed for a 4A violation was not factually innocent for wrongful conviction compensation

Plaintiff had his conviction reversed for an illegal search. On remand, the prosecutor dismissed. He sought compensation for his unlawful conviction. He gets no relief. State law only provides for compensation for the factually innocent, and that’s not this. In … Continue reading

Posted in Exclusionary rule, Good faith exception, Inevitable discovery, Waiver | Comments Off on KS: Ptf’s criminal case reversed and dismissed for a 4A violation was not factually innocent for wrongful conviction compensation

CA6: Confusing caselaw on nexus to a home means GFE applies

Confusing caselaw on nexus to a home means good faith. “The affidavit established that Stewart was part of a continuous and ongoing drug-trafficking operation—it tied Stewart to a five-pound shipment of methamphetamine, a separate transaction for two ounces of methamphetamine, … Continue reading

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CA6: Knowing of a search starts the SoL from any claim on it

Knowing of a search starts the statute of limitations for any claim on it. Reguli v. Russ, 2024 U.S. App. LEXIS 19008 (6th Cir. July 31, 2024). Defendant waived his motion to suppress by not adequately supporting it with factual … Continue reading

Posted in § 1983 / Bivens, Emergency / exigency, Qualified immunity, Waiver | Comments Off on CA6: Knowing of a search starts the SoL from any claim on it

CA8: When PC and GFE are the district court’s holding, challenging only PC on appeal means affirmed

When the district court holds that the warrant is valid both on probable cause and good faith, only challenging probable cause on appeal means that the alternative basis is sufficient to affirm. United States v. Bryant, 2024 U.S. App. LEXIS … Continue reading

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D.Mass.: No discovery of covert Shapchat accounts for lack of materiality

Officers set up covert Snapchat accounts to communicate with defendant. He’s not entitled to discovery about that for Brady or Franks purposes because he can’t show materiality. United States v. Stroup, 2024 U.S. Dist. LEXIS 132483 (D. Mass. July 26, … Continue reading

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FL2: Walking away from car at scene of a drive-by shooting left it and was an abandonment

Defendant remained at the scene of a drive by and police in an unmarked car but with POLICE on their vests almost immediately showed up. He left the car and walked away, not to reasonably return. This was an abandonment. … Continue reading

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CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

Plaintiff was a Joliet police officer. A search warrant was issued for her phone, and she was concerned there were intimate photos of her. The city and officers get qualified immunity for the search itself, but she states a state … Continue reading

Posted in § 1983 / Bivens, Anticipatory warrant, Police misconduct, Private search, Waiver, Warrant execution | Comments Off on CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

CA2: Failure to object at sentencing to a suspicionless search condition was waiver

Failure to object at sentencing to a suspicionless search condition was waiver. United States v. Nash, 2024 U.S. App. LEXIS 16547 (2d Cir. July 8, 2024). Defendant had a hearing on a motion to suppress that went undecided when he … Continue reading

Posted in Community caretaking function, Ineffective assistance, Plain view, feel, smell, Probation / Parole search, Waiver | Comments Off on CA2: Failure to object at sentencing to a suspicionless search condition was waiver

E.D.La.: SW for def’s surveillance video had no PC for weapons search; suppressed

Police got a search warrant for the DVR and storage for defendant’s surveillance camera that likely could have caught a homicide across the street. The warrant included weapons and ammunition when there was no justification for it. The warrant lacked … Continue reading

Posted in Automobile exception, Good faith exception, Probable cause, Video surveillance, Waiver | Comments Off on E.D.La.: SW for def’s surveillance video had no PC for weapons search; suppressed

D.N.J.: Car leasing company had no 4A claim to car’s lawful impoundment, despite not knowing for 11 months

Honda leased a car that was impounded and towed from the driver because it was unlicensed. Eleven months later Honda located the car and there were thousands of accumulated fees. Honda sued under § 1983. The initial seizure was valid … Continue reading

Posted in § 1983 / Bivens, Community caretaking function, Reasonable suspicion, Waiver | Comments Off on D.N.J.: Car leasing company had no 4A claim to car’s lawful impoundment, despite not knowing for 11 months