Category Archives: § 1983 / Bivens

OH5: Search was valid as inventory and AE

The vehicle search was valid as an inventory. When a weapon was found in the console, it was valid under the automobile exception. State v. Fawcett, 2020-Ohio-1004, 2020 Ohio App. LEXIS 925 (5th Dist. Mar. 12, 2020). The county’s insurance … Continue reading

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TX4: School search was based on RS from info from known source

There was reasonable suspicion for a school search because the school authorities had information from a known source that provided it. In re J.A.M., 2020 Tex. App. LEXIS 2077 (Tex. App. – San Antonio Mar. 11, 2020). Defendant’s chokehold on … Continue reading

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OH10: Lack of findings of fact and conclusions of law on grant of suppression motion requires remand to make them

The trial court’s grant of suppression is reversed and remanded because of its inadequate findings of fact and conclusions of law for appellate review. State v. Peeks, 2020-Ohio-889, 2020 Ohio App. LEXIS 812 (10th Dist. Mar. 10, 2020). Defendant officers … Continue reading

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OK: Two hours of CSLI in 2012 not excluded

Two hours of CSLI in 2012 to connect defendant to a capital murder was not subject to the exclusionary rule. Carpenter n.3 in 2018 left open this situation. Fuston v. State, 2020 OK CR 4, 2020 Okla. Crim. App. LEXIS … Continue reading

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CO: Officer responding to a just-occurring assault call can stop car pulling out of driveway

An officer responding to a house where an assault was just reported to have occurred could stop a car backing out of the driveway because the occupant might have been involved in it. People v. Jiron, 2020 COA 36, 2020 … Continue reading

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CA6: § 1983 malicious prosecution claims are made under 4A not 14A

Malicious prosecution claims are to be brought under the Fourth Amendment and not substantive due process. Davis v. Gallagher, 2020 U.S. App. LEXIS 6180 (6th Cir. Feb. 28, 2020). Driving with hands at the 10 and 2 position was suspect … Continue reading

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FL2: State’s failure to make record on GFE gets remand

The trial court’s failure to address the good faith exception as an alternative to alleged lack of probable cause precludes the state from relying on it. Remanded to make a record. Hicks v. State, 2020 Fla. App. LEXIS 2465 (Fla. … Continue reading

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N.D.Ind.: Omitting CI’s criminal history wasn’t a Franks violation where it was obvious he was involved in criminal activity

Omission of the CI’s prior convictions wasn’t material for Franks purposes. It was obvious he was helping himself out in making penal admissions, and his credibility was otherwise shown. The issuing magistrate would have still issued the warrant. United States … Continue reading

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CA10: Shooting a person fleeing a shooting scene without determining he was the shooter might have been unreasonable, but right not to be shot in this situation not clearly established (Really)

In a § 1983 Fourth Amendment excessive force suit, officers heard a gun shot and saw people running as a crowd left a concert. They shot and killed the decedent, and a jury could conclude that the officers unreasonably determined … Continue reading

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CA9: Ptf stated claim for SSA CID’s unlawful entry into home

Plaintiff’s civil claim against Social Security Administration’s CID and local investigators stated a claim for unlawful entry into her home in a criminal investigation. Anh Tuyet Thai v. Saul, 2020 U.S. App. LEXIS 5425 (9th Cir. Feb. 19, 2020).* Plaintiff … Continue reading

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TX9: Witness and ADAs allegedly providing false information for SWs are absolutely immune from civil cases

Witnesses who had provided affidavits in the underlying criminal case were entitled to absolute witness immunity, regardless of whether they gave false testimony. Prosecutors in that case who allegedly participated in falsifying evidence and writing a perjured search warrant were … Continue reading

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SCOTUS: The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent has no 4A or 5A Bivens claim.

The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent for no reason has no Bivens claim for a Fourth or Fifth Amendment claim. Hernández v. Mesa, 2020 U.S. LEXIS 1361 … Continue reading

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