Category Archives: Conflict of laws

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

Posted in Conflict of laws, Informant hearsay, Probation / Parole search | Comments Off

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

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

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