Category Archives: Exclusionary rule

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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CA9: Police following a blood trail onto curtilage after recent crime was exigency

The district court concluded defendant had no standing to challenge a tribal police search of the curtilage of his grandmother’s house where he was an overnight guest. Assuming, without deciding, he has standing, there was clear and obvious exigency for … Continue reading

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NY4: Jurisdiction of magistrate to issue SW is waivable by guilty plea

A jurisdictional claim to issue the warrant was waived below well before the guilty plea. People v. Mitchell, 2020 NY Slip Op 04029, 2020 N.Y. App. Div. LEXIS 4188 (4th Dept. July 17, 2020). It’s settled that the exclusionary rule … Continue reading

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D.Minn.: Late night stop, no DL, digital scale on floor is RS

This late night stop was reasonably extended because the driver didn’t have a DL on him and there appeared to be a digital scale on the floor. United States v. Henry, 2020 U.S. Dist. LEXIS 115939 (D. Minn. May 20, … Continue reading

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CA5: Reasonable mistaken identification made stop reasonable

“In any event, even if it is assumed arguendo that an attempted seizure could in fact trigger the Fourth Amendment, Ferguson has failed to show that the attempt to detain him for an investigatory Terry stop was not supported by … Continue reading

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FL1: FDLE’s failure to remove DNA after acquittal in prior case wasn’t a separate 4A violation nor was it subject to the exclusionary rule

FDLE’s failure to remove defendant’s DNA from the state CODIS database after his acquittal in a prior case wasn’t a Fourth Amendment violation nor subject to the exclusionary rule to keep it from being used in this case. The evidence … Continue reading

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M.D.Fla.: Exclusionary rule applies to overseizure of tracking information, but blanket suppression not required

There was probable cause for issuance of historical cell phone tracking information and connecting defendant to the phone. The affidavit, however, only sought information for one day, but the warrant covered seven days. The overseizure is suppressed because the exclusionary … Continue reading

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CA9: Not clearly established that County of Riverside violation warrants suppression

It was not clearly established that a County of Riverside violation of allegedly delaying a probable cause determination to gather more evidence was subject to suppression. Even Riverside doesn’t say that it is. Thus, the district court’s determination counsel wasn’t … Continue reading

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D.N.M.: Vehicle already searched under the automobile exception can be searched again at police station

A vehicle already searched under the automobile exception can be searched again after it is removed to the police lot. United States v. Mazon, 2020 U.S. Dist. LEXIS 64813 (D. N.M. Apr. 13, 2020). The Texas trial court didn’t err … Continue reading

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E.D.Tex.: Searching a car more than once isn’t a 4A violation

“The fact that Detective Nance searched portions of the vehicle more than once did not violate the Fourth Amendment.” Mendoza v. United States, 2020 U.S. Dist. LEXIS 68469 (E.D. Tex. Apr. 20, 2020). The exclusionary rule does not apply in … Continue reading

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D.Ariz.: Overseizure of emails by SW didn’t require suppression of all; GFE also applies

This search warrant was issued in a SSA fraud case alleging a decade of false claims. The search warrant was sufficiently particular and not overbroad. The fact the period of the alleged offense was through January 2014 did not prohibit … Continue reading

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