Category Archives: Conflict of laws

PA: Because CA police agreed to question a potential suspect in a PA murder, they didn’t become “agents” of PA

A murder occurred in Pennsylvania in 2002. A person with knowledge of the murder had moved to San Bernardino, California. Pennsylvania authorities called California and emailed reports on the murder. The California authorities undertook to interrogate defendant, which she agreed … Continue reading

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ND: Search incident in another state on arrest warrant from this state was in good faith

Defendant was arrested in North Dakota on a warrant out of Ohio, and the search incident conducted on his arrest was in good faith. State v. Marcum, 2020 ND 50, 2020 N.D. LEXIS 48 (Feb. 27, 2020).* Considering the factors … Continue reading

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S.D.N.Y.: Alleged violation of Florida law by def’s arrest there where local officer assisted federal officers wasn’t a 4A violation

An alleged violation of Florida law in defendant’s arrest there with the participation of local law enforcement isn’t shown to be a Fourth Amendment violation. “And Teman has not cited any authority so holding or, for that matter, treating such … Continue reading

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D.N.M.: Conflict of laws between circuits: Apply the law where the search occurred, subject maybe to good faith understandings [?]

In a search that took place in Arizona conducted in part by New Mexico officers, the court considers the conflict of laws question of which circuit’s law should apply: the circuit where the search occurred. At bottom, however, the court … Continue reading

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D.Nev.: Under probation interstate compact, probationer subject to rules of both states

Defendant was placed on probation in Arizona, and he was subject to suspicionless searches there. He transferred probation to Nevada under the Interstate Compact for probationers, but Nevada required reasonable suspicion. He knew he was subject to the probation conditions … Continue reading

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WA: Evidence lawfully obtained in another jurisdiction is admissible even if state law would have been violated

Washington’s “silver platter doctrine” that evidence lawfully obtained in another jurisdiction will be admitted into evidence there, even if Washington law would have been violated by the search in Washington, is retained and followed. The search warrant for child pornography … Continue reading

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MD: Maryland exclusionary rule and GFE applied to search in NJ for evidence of a MD murder

Defendant was a suspect in a Maryland murder case, and the state and USMs certainly had probable cause for him connecting him to the murder. Yet, the affidavit for the search warrant for property in New Jersey merely conclusorily stated … Continue reading

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CA9: Whether state officers violated state law in the search doesn’t matter in federal court under the 4A

Defendant argues that the officers violated Washington state law in his search and seizure. That doesn’t matter in federal court. United States v. Dauenhauer, 2018 U.S. App. LEXIS 34797 (9th Cir. Dec. 11, 2018). Under Hudson, “The federal exclusionary rule, … Continue reading

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IA: No IAC for not challenging evidence obtained in another state where state law was more defense favorable; can’t show outcome would be different

Defendant was arrested in Nebraska, and Iowa authorities sought his DNA there to connect him to an Iowa crime. Nebraska’s standard for obtaining DNA is less demanding. He can’t show on post-conviction that defense counsel was ineffective for not challenging … Continue reading

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S.D.Cal.: If you’re suing over a SW issued on false allegations, somebody has to put the SW papers in the MSJ pleadings; nobody did, so denied

This is an excessive force and illegal search claim where plaintiff claimed her husband was unreasonable killed in violation of the Fourth Amendment and state law. It also included a claim that the search warrant was obtained by judicial deception. … Continue reading

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WA: Search of hard drive by Texas police for videos made in Washington governed by 4A, not Washington law

Defendant had voyeur videos of a young girl on a hard drive that he ended up having a sexual relationship with after she turned 18. He’d moved from Washington to Texas with the military in between those times and took … Continue reading

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N.D.Ga.: NY arrest warrant executed in GA violated NY law but not 4A, and suppression of gun found on arrest would not be granted

There was a New York local court arrest warrant for defendant, and he was arrested on it in Georgia, and then indicted in federal Georgia for being a felon in possession. The government conceded that the arrest violated New York … Continue reading

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M.D.Pa.: Even though PA requires PC for certain traffic stops, 4A doesn’t

Pennsylvania’s requirement of probable cause for lane violations isn’t binding in federal court under the Fourth Amendment. “Accordingly, even though a Pennsylvania court may have held that Officer Sampere required probable cause to pull Defendant over for a violation of … Continue reading

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PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY

Defendant had a DUI accident in Pennsylvania and his blood was drawn at an ER in New York for medical purposes. New York law would exclude the evidence, but Pennsylvania law would not because the doctor-patient privilege doesn’t apply in … Continue reading

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IA: While Iowa doesn’t recognize anticipatory warrants by statute, a federal anticipatory SW that ended up in state court was valid

“The defendant now appeals, arguing among other things that Iowa’s search warrant statutes do not authorize anticipatory warrants. We agree, but hold that where the federal government conducts a search pursuant to a valid federal search warrant for purposes of … Continue reading

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LA2: UT blanket probation search condition applied to probationer transferred to LA

Defendant was on probation out of Utah and supervised in Louisiana. His PO received information that he might have child pornography on his cell phone. During a PO visit, he was told to get his cell phone and computer out … Continue reading

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