Category Archives: Standards of review

CO: After first SW for cell phone was suppressed for Franks violation, second was valid with independent source

Defendant was subjected to two search warrants for his cell phones in possession of the police. A motion to suppress the first search was granted because the officer recklessly included false information that deprived it of probable cause. The police … Continue reading

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TN: Defense counsel not ineffective for recommending guilty plea where motion to suppress denied and case would have gone to trial on other counts even if granted

Defendant challenges on post-conviction his counsel being ineffective in recommending a guilty plea after the motion to suppress was denied. Even if it had been granted, defendant was going to trial on other counts, and he can’t show that defense … Continue reading

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D.D.C.: No statute of limitations for equitable actions for return of property not forfeited

Plaintiff pro se and post-conviction filed a pleading for return of property. Some was forfeited, and it was treated as a motion to set aside the forfeitures. Some were not forfeited, and there is no statute of limitations for equitable … Continue reading

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D.Mass.: Attacking only GFE when court found both PC and GFE states no 2255 claim

The district court before conviction held that the search warrant was based on probable cause and the good faith exception would apply. In his 2255, defendant argues that defense counsel was ineffective for not better arguing the good faith exception. … Continue reading

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W.D.Mo.: How one USDJ views R&Rs in a 4A case; also, using social worker entry as pretext wasn’t unreasonable

“It may be worth commenting that the deputies may have subjectively used the social worker visit to pursue their interest in the reported firearm and drug violations — to the extent possible — just as traffic violations are often used … Continue reading

Posted in Pretext, Standards of review | Comments Off on W.D.Mo.: How one USDJ views R&Rs in a 4A case; also, using social worker entry as pretext wasn’t unreasonable

CA1: Govt showed nexus to house that drug dealers keep money, books, customer lists, and product there

The district court properly denied defendant’s motion to suppress because there was probable cause to issue the search warrant. It was likely that a drug dealer kept his money, books, and customer lists in a safe place like his residence, … Continue reading

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N.D.Ga.: [For the 10,000th time,] the standard of review of PC is whether there is a “substantial basis” for finding PC, not whether there actually is

“‘[T]he task of a reviewing court is not to conduct a de novo determination of probable cause, but only to determine whether there is substantial evidence in the record supporting the magistrate judge’s decision to issue the warrant.’ United States … Continue reading

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IA: Std of review of PC is not is there PC, but is there a substantial basis for believing there was PC

“Because the Fourth Amendment values the practice of obtaining a warrant to reduce the perception of intrusive police conduct, we do not strictly scrutinize the sufficiency of the underlying affidavit. … Instead, we decide whether the issuing magistrate had a … Continue reading

Posted in Apparent authority, Reasonable suspicion, Standards of review | Comments Off on IA: Std of review of PC is not is there PC, but is there a substantial basis for believing there was PC

CA8: SW for MJ in urine wasn’t stale by eight day wait to execute

The search warrant for defendant’s urine sample to prove he had marijuana in his system wasn’t stale after eight days. Staleness is determined by whether the probable cause for the warrant dissipates before execution. There was testimony in the record … Continue reading

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D.D.C.: When serving SW in sex assault investigation where def was known to be a felon, a Glock speed loader in plain view permitted search for a gun

D.C. Metro police had a search warrant for evidence of a sexual assault. When they entered, they saw a Glock magazine speed loader. That caused them to search for a firearm because they knew defendant was a felon learning, that … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Standards of review | Comments Off on D.D.C.: When serving SW in sex assault investigation where def was known to be a felon, a Glock speed loader in plain view permitted search for a gun

WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer tracking footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. … Continue reading

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N.D.Iowa: Std of review of PC for a warrant is not de novo

The standard of review of probable cause for a search warrant is not de novo—it’s whether there is a substantial basis for believing that evidence would be found. Here, “Although some of the information lacked detail, the volume and corroboration … Continue reading

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