Category Archives: Ineffective assistance

Four 2255s

2255 claim that officer perjured himself during suppression hearing was already raised there and on appeal and barred here. United States v. Brown, 2019 U.S. Dist. LEXIS 201044 (D. Nev. Nov. 19, 2019).* Defense counsel wasn’t ineffective for not pursuing … Continue reading

Posted in Ineffective assistance | Comments Off on Four 2255s

N.D.Iowa: A “Brinks box” in the house being searched with a warrant for drugs was subject to the search

A “Brinks box” in the house being searched with a warrant for drugs was subject to the search. United States v. Simmermaker, 2019 U.S. Dist. LEXIS 199422 (N.D. Iowa Oct. 25, 2019), adopted, 2019 U.S. Dist. LEXIS 198379 (N.D. Iowa … Continue reading

Posted in Ineffective assistance, Scope of search | Comments Off on N.D.Iowa: A “Brinks box” in the house being searched with a warrant for drugs was subject to the search

PA: Birchfield not retroactive on post-conviction

Birchfield is not a new rule for post-conviction purposes and thus not retroactive. Commonwealth v. Olson, 2019 Pa. LEXIS 6120 (Oct. 31, 2019). Defendant was involved in an ATV accident and hospitalized. The state wanted BAC, but he wasn’t available. … Continue reading

Posted in Ineffective assistance | Comments Off on PA: Birchfield not retroactive on post-conviction

OH8: Realtime CSLI was used only to locate def; nothing to suppress

Defendant was called by the police for an interview about a child molestation accusation, and he agreed to meet. He didn’t show. Then the police were concerned maybe he was fleeing and they sought realtime CSLI to locate him. “We … Continue reading

Posted in Cell site location information, Emergency / exigency, Ineffective assistance | Comments Off on OH8: Realtime CSLI was used only to locate def; nothing to suppress

IL: Def’s leaving house to deliver to a controlled buy was nexus for house

There was nexus for the search warrant for defendant’s house where he was alleged to have left his house and driven directly to the scene of a controlled buy where he was delivering. People v. Teague, 2019 IL App (3d) … Continue reading

Posted in Ineffective assistance, Nexus, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on IL: Def’s leaving house to deliver to a controlled buy was nexus for house

NY2: Where SW was issued to a small town PD, using officers from other agencies to assist in raid doesn’t violate 4A

The small town police department that obtained the search warrant did not have its own entry team for safety. Using officers from other county and state agencies to assist didn’t violate the warrant. People v. Ward, 2019 NY Slip Op … Continue reading

Posted in Ineffective assistance, Warrant execution | Comments Off on NY2: Where SW was issued to a small town PD, using officers from other agencies to assist in raid doesn’t violate 4A

E.D.Ky.: Paraphrasing def’s jail calls on hearsay without affiant actually listening to them isn’t a Franks violation

A full forensic search of defendant’s cell phone was authorized by the affidavit which was attached to the search warrant. There were admissions from the defendant on jail calls to others that were reported to the police. The paraphrasing the … Continue reading

Posted in Franks doctrine, Ineffective assistance, Strip search | Comments Off on E.D.Ky.: Paraphrasing def’s jail calls on hearsay without affiant actually listening to them isn’t a Franks violation

N.D.Fla.: Def’s coming to door and at threshold made him capable of being arrested without police entering home

When defendant came to the door and answered the officers’ knock, and moved into the threshold when they said they were “security forces,” he was subject to arrest right there without the officers violating the privacy of the home. They … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Reasonable expectation of privacy | Comments Off on N.D.Fla.: Def’s coming to door and at threshold made him capable of being arrested without police entering home

N.D.W.Va.: One officer can swear to an affidavit prepared by another under the 4A

The fact one officer swore to an affidavit prepared by another on the other’s knowledge is not a constitutional violation. Moreover, the good faith exception applies. United States v. Parrish, 2019 U.S. Dist. LEXIS 178155 (N.D. W.Va. Oct. 15, 2019). … Continue reading

Posted in Ineffective assistance, Warrant requirement | Comments Off on N.D.W.Va.: One officer can swear to an affidavit prepared by another under the 4A

NC: CSLI violation was attenuated because it only helped locate him and then there was a SW in another state

Defendant’s offense was in 2005 and he was originally tried in 2011 and reversed that conviction. On retrial, he filed a motion to suppress a pen register used to locate him in Colorado. CSLI without a warrant was permitted in … Continue reading

Posted in Attenuation, Ineffective assistance | Comments Off on NC: CSLI violation was attenuated because it only helped locate him and then there was a SW in another state

CA6: One prior excessive force claim isn’t pattern and practice in a § 1983 case

One other excessive force claim investigated by the City is not evidence of pattern and practice or failure to train. Stewart v. City of Memphis, 2019 U.S. App. LEXIS 30491 (6th Cir. Oct. 11, 2019).* Defendant’s successor 2255 also raises … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Franks doctrine, Ineffective assistance | Comments Off on CA6: One prior excessive force claim isn’t pattern and practice in a § 1983 case

FL5: CI rented car for def to commit a robbery; told police and they put GPS on car; stop was with PC

The CI had knowledge defendant was going to commit a robbery and was enlisted to rent a car for it. The CI told the police, and they planted a GPS on the car with the CI’s permission. After the robbery, … Continue reading

Posted in GPS / Tracking Data, Ineffective assistance, Informant hearsay | Comments Off on FL5: CI rented car for def to commit a robbery; told police and they put GPS on car; stop was with PC