Category Archives: Waiver

OH7: No standing in package with assumed names

Defendant lacked standing in a package shipped under and to assumed names, neither of which could be linked to him as a known alias. State v. Herbert, 2023-Ohio-4490, 2023 Ohio App. LEXIS 4311 (7th Dist. Dec. 11, 2023). “We think … Continue reading

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E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

Some of the items seized under the warrant were named or were covered by plain view when the police got inside. Some are excludable, but they aren’t returned because the government intends to forfeit. United States v. Abdul-Latif, 2023 U.S. … Continue reading

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CA5: No excessive force without a seizure; here, ptf told to “get back”

“At no point was D.J. prevented from leaving the scene—rather, he was repeatedly asked to do so, to ‘get back’ and move away while Deputy Moring was securing the perimeter. True, he was prevented from further approaching Perkins and Deputy … Continue reading

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CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for … Continue reading

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CA7: Misuse of dealer tag justified search incident

The district court decided this vehicle search on inventory. On appeal, the court goes with search incident because the vehicle was being driven with improper dealer tags. Officer “Hobbs’s search of the glovebox incident to Travis’s arrest was proper. Evidence … Continue reading

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PA: Fleeing a traffic stop and wrecking car and then running off was abandonment of the car

Defendant fled in his car from a traffic stop and wrecked a few blocks away. He abandoned the car at the scene by running off. Commonwealth v. Hall, 2023 PA Super 224, 2023 Pa. Super. LEXIS 513 (Nov. 3, 2023). … Continue reading

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M.D.Fla.: “[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.”

“[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.” Santiago v. Swain, 2023 U.S. Dist. LEXIS 194607 (M.D. Fla. Oct. 31, 2023).* Plaintiff’s civil Franks claim fails because there was probable cause … Continue reading

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NM: Too vague a description wasn’t RS for this stop, one mile from crime scene, 37-40 minutes later, vague description of car

“We view the totality of the circumstances at the time Deputy Ruiz seized Defendant through the lens of the district court’s factual finding that the suspect did not hide, as our standard of review requires. Based on the passage of … Continue reading

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N.D.N.Y.: No REP in def’s social media accounts holding child porn

In a child porn case, defendant can’t show a reasonable expectation of privacy in images in his social media account. “For example, Defendant has not attested as to how he used the social media accounts, what if any privacy settings … Continue reading

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CA11: Mandamus not remedy to overcome waived 2255

Petitioner waived his 2255 and can’t raise his Fourth Amendment ineffective assistance of counsel claim by mandamus. In re Morgan, 2023 U.S. App. LEXIS 28330 (11th Cir. Oct. 24, 2023). The sheriff solicited nude pictures of a person that became … Continue reading

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IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

Officers attempted a stop of a vehicle potentially involved in an earlier occurrence. Instead of stopping, the driver fled from the stop in the car. Instead of pursuing, officers had the LPN and went to where it was registered, and … Continue reading

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D.N.M.: Police entry into a fire damaged home after fire was out and it was “all clear” violated 4A

There was a kitchen fire in defendant’s home, and firefighters told the police that there were unsecured handguns in the house. A police aide entered the house without a warrant and took them. The government argues the house was abandoned … Continue reading

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S.D.Ill.: Justification for a protective sweep remained despite 10 hour wait outside

Despite officers waiting outside for about ten hours and seeing no movement from inside, a protective sweep was still objectively reasonable on the totality. People were unaccounted for, and there was a gun and drugs seen from outside the door. … Continue reading

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DE: Def consented to search of his cell phone in an effort to prove his alibi

Defendant consented to search of his cell phone in an effort to prove his alibi. Blackwood v. State, 2023 Del. LEXIS 328 (Oct. 11, 2023). Defendant’s guilty plea wasn’t a conditional plea, so the search issue was waived. If he … Continue reading

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CA9: Passenger has standing to challenge reasonableness of length of stop

Defendant passenger had standing to challenge the length of the stop because it was his detention, too. There was, however, reasonable suspicion for that. United States v. Alvarez, 2023 U.S. App. LEXIS 26980 (9th Cir. Oct. 10, 2023). “Stiff failed … Continue reading

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ID: Inventory as pretext for investigatory searches unreasonble

An inventory search that is a pretext for an investigatory search is unreasonable. Remanded for reconsideration of this issue. State v. Ramos, 2023 Ida. LEXIS 123 (Sep. 29, 2023). techdirt: The Casual Cruelty Of Cops: Inventory Search Edition by Tim … Continue reading

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MS: Never getting ruling on motion to suppress is waiver

A motion to suppress where defendant never seeks a ruling on it is waived. McCollum v. State, 2023 Miss. LEXIS 238 (Sep. 7, 2023). The state search warrant application showed probable cause for a warrant for defendant’s devices for internet … Continue reading

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FL6: Search incident of backpack and fanny pack removed before stop was unreasonable

Defendant was stopped on a bicycle. His backpack and fanny pack were removed from him and placed on the hood of the police car. The search incident doctrine did not apply to them under Gant. They were out of his … Continue reading

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DC: Juvenile’s mother who owned cell phone and account could consent to search of the phone

A juvenile’s mother who had the child’s cell phone in her name because she bought it and it was on her account and the child lived with her gave her apparent authority to consent to search of the phone. In … Continue reading

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OH4: Franks challenge seven years after motion to suppress denied by res judicata

There was a motion to suppress denied at trial. “Now, seven years later appellant seeks to file a motion to suppress and a motion for a Franks hearing. We believe, however, that the trial court correctly concluded that res judicata … Continue reading

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