Category Archives: Ineffective assistance

W.D.Wis.: Jurisdictional issue in SW wasn’t enough to suppress here

In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court’s jurisdiction. Defendant disputes that this investigation was not that, but it’s close enough. Even if the officers were mistaken, the court won’t suppress an … Continue reading

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W.D.Ky.: SW affidavit does not have to negate affirmative defenses under Franks

Under Franks, an affidavit for a search warrant does not have to negate a possible affirmative defense. United States v. Pascoe, 2024 U.S. Dist. LEXIS 119992 (W.D. Ky. July 9, 2024). There was probable cause for defendant’s arrest for DUI … Continue reading

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IN: No standing to challenge arrest of another person

Defendant had no standing to contest the arrest of another person that led to his arrest under either the Fourth Amendment or the state constitution. Zuniga v. State, 2024 Ind. App. LEXIS 196 (July 8, 2024). “Next, Windham says that … Continue reading

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S.D.Ohio: Def was entitled to discovery of body camera footage of how a search was conducted

Defendant was entitled to discovery of body camera footage of how a search was conducted. United States v. Moore, 2024 U.S. Dist. LEXIS 119486 (S.D. Ohio July 2, 2024). The fact a Sixth Circuit judge dissented on a similar issue … Continue reading

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N.D.Iowa: Dog sniff at apt door from common hallway was reasonable even if hallway was locked to outsiders

A dog sniff at an apartment door from a common hallway was reasonable, even if the hallway also had a locked door. “Following the reasoning in Penaloza-Romero and Peck, and applying the Dunn factors, I find that the area around … Continue reading

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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

CA8: Breaking a cell phone to avoid its search and seizure justified obstruction enhancement under USSG § 3C1.1

Defendant attempting to thwart a search of cell phones in his car tried to break one such that it had to be forensically reviewed to get information off of it. He wasn’t under arrest. Still, his actions qualified for a … Continue reading

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DE: Def counsel’s failure to challenge PC and particularity in cell phone search warrants post-conviction relief

Defendant sufficiently stated grounds for ineffective assistance of counsel from defense counsel’s failure to challenge the search warrant for lack of probable cause and particularity. “Postconviction relief due to ineffectiveness of counsel must be granted in circumstances where the Court … Continue reading

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W.D.Wash.: State admin. health and safety SW against private ICE jail not enjoined

The State of Washington got an administrative search warrant for a workplace inspection of a private jail operating for immigration. The jail sought federal removal and an injunction which is denied. Washington state law requires these workplace inspections, and GEO’s … Continue reading

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N.D.Ga.: Questions about drugs without RS unreasonably extended stop

The officer’s questions about drugs during the mission of a routine traffic stop unreasonably extended the stop, and the dog sniff is suppressed. United States v. Chavez, 2024 U.S. Dist. LEXIS 110229 (N.D. Ga. June 3, 2024). Defendant rented an … Continue reading

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CA7: Detention of a package for a day to get SW was reasonable

Detention of a package for a day to get a search warrant was a reasonable time. United States v. Black, 2024 U.S. App. LEXIS 14944 (7th Cir. June 20, 2024). “‘The Constitution does not guarantee that only the guilty will … Continue reading

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D.Conn.: Failure to challenge lack of announcement in federal court was futile and not ineffective assistance

“First, Mr. Smith cannot establish prejudice from his attorney failing to raise the alleged violation of the knock-and-announce requirement as ‘the exclusionary rule does not apply to evidence discovered in the ensuing search.’ United States v. Acosta, 502 F.3d 54, … Continue reading

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WI: Community caretaking stop couldn’t be expanded without RS

Where defendant was stopped under the community caretaking function, expanding the stop without further justification was unreasonable. Here, it was because the officer thought defendant may have been driving while sleepy, but the stop was extended. State v. Wiskowski, 2024 … Continue reading

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OH2: Home safe could be searched under probation search waiver

The probation search of defendant’s home safe was reasonable under Knights, Griffin, and state law. State v. Apple, 2024-Ohio-2286, 2024 Ohio App. LEXIS 2166 (2d Dist. June 14, 2024). There was reasonable suspicion to stop defendant in a car, and … Continue reading

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CA6: No REP from ATF getting access to def’s Instagram posts with false name

Defendant is a felon who posted to Instagram pictures of him firing guns. The ATF got access to his account, and he had no reasonable expectation of privacy in it, even where the ATF agent used a fake name to … Continue reading

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CA9: Passenger parolee’s area of car was subject to search under his waiver

Defendant parolee was a passenger in a car, and the area of the car he was sitting in was subject to search. United States v. Pullen, 2024 U.S. App. LEXIS 13604 (9th Cir. June 5, 2024). “The blood draw was … Continue reading

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E.D.Pa.: “Furtive movements can support reasonable suspicion that an individual is armed, justifying a frisk.”

“Furtive movements can support reasonable suspicion that an individual is armed, justifying a frisk. Moorefield, 111 F.3d at 14. An officer ‘need not be absolutely certain’ that movements are an attempt to ‘hide narcotics or a firearm’ for ‘the issue … Continue reading

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S.D.Ind.: GFE of law at the time of the search meant no IAC

“Counsel did not perform deficiently when they raised the Fourth Amendment argument [under applicable law at the time], even though this Court and the Seventh Circuit found that the good faith applied.” Castro-Aguirre v. United States, 2024 U.S. Dist. LEXIS … Continue reading

Posted in Cell phones, Good faith exception, Ineffective assistance, Particularity, Probation / Parole search, Scope of search | Comments Off on S.D.Ind.: GFE of law at the time of the search meant no IAC

GA: Merely having a traffic accident doesn’t justify SW for car for cause

Probable cause didn’t exist for a warrant to search defendant’s car after a traffic accident for the cause of the accident. “Here, given the circumstances as they existed when the search warrant was issued, we find that the magistrate did … Continue reading

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D.Kan.: Drug dog touching car door handle with nose isn’t unreasonable search

The drug dog touching the vehicle door handle with its nose was not an unreasonable search. United States v. Green, 2024 U.S. Dist. LEXIS 88401 (D. Kan. May 16, 2024). Defendant’s 2255 wasn’t timely. “Even if Williams’s motion were timely, … Continue reading

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