Category Archives: Exclusionary rule

CA9: Changing allegedly offending officer in Franks challenge on appeal was waiver

Defendant’s Franks challenge to one officer’s alleged misstatements were changed on appeal to involve another officer. This was waiver. United States v. Arnold, 2020 U.S. App. LEXIS 37199 (9th Cir. Nov. 25, 2020). In the college admissions scam case, “Here, … Continue reading

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Tex.: Mere Miranda violation doesn’t automatically lead to suppression of physical evidence

A Miranda violation doesn’t automatically lead to suppression of physical evidence. The question is involuntariness and actual coercion, and then it could be. Wells v. State, 2020 Tex. Crim. App. LEXIS 944 (Nov. 18, 2020):

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OH6: File stamp time error on SW wasn’t subject to exclusionary rule

The file stamp on a search warrant was before the judge signed it. This, however, is just a clerical error, and that doesn’t void an otherwise valid warrant. The exclusionary rule shouldn’t apply to such errors. “The testimonial evidence was … Continue reading

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W.D.N.Y.: Likelihood of suppression isn’t a factor at detention hearing

Defendant’s assertion at a detention hearing that there is some “likelihood” he may win suppression of evidence isn’t a factor in the decision to release. He’s still entitled to the presumption of innocence, but, essentially, exclusion isn’t ever likely enough … Continue reading

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MA: SW for CSLI for too much time was severable

The search warrant for too many hours of CSLI was overbroad: “The collection of extended CSLI data raises significant constitutional concerns.” Three hours is all that could be shown was necessary. The overbroad part, however, could be severed, and suppression … Continue reading

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E.D.Pa.: When dwelling was found to be multi-unit, the search was limited to the proper one; ER should not be applied because the officer acted in complete good faith

Defendant failed to make a substantial preliminary showing for Franks purposes that the officer recklessly disregarded the fact there could be two residential units in the building he was seeking the search warrant for. He reviewed property records and Google … Continue reading

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TX10: Texas’s art. 38.28 exclusionary rule instruction doesn’t apply to def’s own conduct

The ability to get an art. 38.23 exclusionary rule instruction for the jury depends on someone else’s wrongdoing, and not on the defendant’s own. It doesn’t apply to resisting arrest. Aguirre v. State, 2020 Tex. App. LEXIS 8524 (Tex. App. … Continue reading

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OR: Def’s consent and statements are suppressed, but the search with a warrant is not

While defendant’s consent to search and statements made were invalid, the search was pursuant to a valid warrant, and the product of the search is not suppressed. State v. Joaquin, 307 Ore. App. 314, 2020 Ore. App. LEXIS 1243 (Oct. … Continue reading

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AF: Franks violation led to exclusion

Defendant showed a Franks violation for a reckless statement for a search authorization of his room for marijuana. Balancing the interests, the exclusionary rule would be applied. United States v. Hernandez, 2020 CCA LEXIS 362 (A.F. Ct. Crim. App. Oct. … Continue reading

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KS: Legality of a stop may be pursued before DMV in a DL suspension

The legality of a stop may be pursued before DMV in a DL suspension. Jarvis v. Kan. Dep’t of Revenue, 2020 Kan. LEXIS 97 (Oct. 9, 2020). The trial court barred relitigating defendant’s Fourth Amendment claim on collateral estoppel grounds. … Continue reading

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CA6: Officer executing a state arrest warrant doesn’t have to independently verify its validity

Defendant contended that the officer executing an invalid state arrest warrant had a duty to verify the validity of the warrant before executing it. He didn’t, and the officer acted in otherwise good faith. Therefore, the exclusionary rule would not … Continue reading

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CA5: Alleged violations of the Posse Comitatus Act must be “widespread and repeated” to justify suppression

Alleged violations of the Posse Comitatus Act, here by AFOSI, must be “widespread and repeated” to justify suppression. Defendant didn’t show this was. United States v. Salinas, 2020 U.S. App. LEXIS 28616 (5th Cir. Sept. 9, 2020). “A detective assigned … Continue reading

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CA9: Unjustified emergency entry didn’t become justified by learning of a supervised release search waiver

The officers’ warrantless entry into defendant’s home thinking he needed emergency assistance wasn’t justified. They took him out. They found he had a supervised release search waiver on file which they didn’t know about before. They reentered and searched under … Continue reading

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Cal.2d: New crime during alleged illegal detention won’t be suppressed

Defendant’s new crime during alleged illegal detention will not be suppressed. Here, he doesn’t even plead enough to get a hearing. People v. Chavez, 2020 Cal. App. LEXIS 858 (2d Dist. Sept. 10, 2020). There was a substantial basis for … Continue reading

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PA: Unlawful entry justified suppressing the drugs but not the fact of the assault on the officers

The officers’ entry into defendant’s home was illegal and the drug evidence should have been suppressed. Defendant’s assault on the officers, however, would not be suppressed because it was a separate crime. Commonwealth v. Schneider, 2020 Pa. Super. LEXIS 775 … Continue reading

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AZ: Offer of proof would be helpful for Franks claim, and def didn’t make one here

“As noted above, however, some of these alleged omissions and misstatements are simply not supported by the record. And, the omissions that are supported by the record were not material given the strength of the evidence supporting a finding of … Continue reading

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