Category Archives: Conflict of laws

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

Posted in Conflict of laws, Ineffective assistance | Comments Off on 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

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

Posted in § 1983 / Bivens, Conflict of laws, Exclusionary rule, Ineffective assistance | Comments Off on 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

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

Posted in Conflict of laws | Comments Off on WA: Search of hard drive by Texas police for videos made in Washington governed by 4A, not Washington law

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

Posted in Arrest or entry on arrest, Conflict of laws | Comments Off on 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

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

Posted in Conflict of laws, Reasonableness | Comments Off on M.D.Pa.: Even though PA requires PC for certain traffic stops, 4A doesn’t

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

Posted in Conflict of laws, Drug or alcohol testing | Comments Off on PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY

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

Posted in Anticipatory warrant, Conflict of laws | Comments Off on IA: While Iowa doesn’t recognize anticipatory warrants by statute, a federal anticipatory SW that ended up in state court was valid

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

Posted in Conflict of laws, Informant hearsay, Probation / Parole search | Comments Off on LA2: UT blanket probation search condition applied to probationer transferred to LA

E.D.La.: Louisiana’s broad standing rule doesn’t apply in federal prosecutions

Defendant lacked standing in his codefendant’s cell phone and motel room. Louisiana’s broad state standing law doesn’t apply in federal prosecutions. United States v. Daniels, 2017 U.S. Dist. LEXIS 76266 (E.D. La. May 5, 2017). Officers had justification for a … Continue reading

Posted in Conflict of laws, Probable cause | Comments Off on E.D.La.: Louisiana’s broad standing rule doesn’t apply in federal prosecutions

N.D.Ga.: State exceptions to GFE don’t apply in federal court even where state judge issued SW

A Georgia state judge issued this search warrant, and it was supported by probable cause. In any event, the good faith exception saves it. Any exception to the good faith exception under Georgia law is irrelevant in a federal prosecution. … Continue reading

Posted in Conflict of laws, Good faith exception, Seizure | Comments Off on N.D.Ga.: State exceptions to GFE don’t apply in federal court even where state judge issued SW

OH11: Conflict of laws: Recording of def in CA which violated CA law but not Fourth Amendment nor OH law was admissible in OH prosecution

Where a recording of defendant was made in California in violation of California law but being used in a prosecution in Ohio, the exclusionary rule would not be applied. The recording violated neither the Fourth Amendment nor Ohio law, and … Continue reading

Posted in Conflict of laws, Excessive force, Exclusionary rule | Comments Off on OH11: Conflict of laws: Recording of def in CA which violated CA law but not Fourth Amendment nor OH law was admissible in OH prosecution