Category Archives: Standards of review

OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

In a post-conviction case, the trial court’s order denying a motion to unseal a search warrant affidavit to facilitate his case was not a final appealable order. State v. Miller, 2020-Ohio-5383, 2020 Ohio App. LEXIS 4231 (11th Dist. Nov. 23, … Continue reading

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UT: When two grounds support an arrest, attacking only one means affirmance

“Devenpeck, along with Utah appellate law, is controlling here. Whether Officer possessed probable cause to arrest Sanchez for DUI is irrelevant. What is relevant is whether the objective circumstances—the ‘known facts,’ see Devenpeck, 543 U.S. at 153—provided probable cause for … Continue reading

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OH10: Anonymous 911 call didn’t support def’s stop

A 911 anonymous tipster’s call wasn’t justification for defendant’s stop because it was wrong as to clothing and it essentially described all the black men in the area. State v. Walton, 2020-Ohio-5062, 2020 Ohio App. LEXIS 3906 (10th Dist. Oct. … Continue reading

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CA2: CIs don’t need “a track record of reliability” when shown otherwise reliable

The CI was described in the affidavit for the warrant as “reliable,” but didn’t elaborate. “Circuit precedent does not require informants to have a track record of reliability. … Here, where the informant testified under oath before the issuing judge … Continue reading

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Specific objection to 4A USMJ’s R&R required or waived

“Mr. Stewart did not object to the Recommended Disposition regarding whether the inevitable discovery doctrine would have led to the discovery of his felon status and unlawful possession of a weapon. When no objections are made this Court is not … Continue reading

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S.D.Ga.: Where def lost 4A claim on merits, he can’t relitigate it as an IAC claim

“Petitioner already presented his suppression argument to the Eleventh Circuit, and it was rejected. He now attempts to relitigate the claim by cloaking it in an ineffective assistance claim. However, Petitioner fails to establish Mr. Crowder’s decision not to pursue … Continue reading

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CA6: Because def’s car would be towed and inventoried anyway, officer’s comments at time of seizure not determinative

Because defendant’s car would be towed and inventoried in any event after his stop, it didn’t matter what the officer said at the time. United States v. Snoddy, 2020 U.S. App. LEXIS 30512 (6th Cir. Sept. 24, 2020). “While Williams … Continue reading

Posted in Arrest or entry on arrest, Inventory, Standards of review | Comments Off on CA6: Because def’s car would be towed and inventoried anyway, officer’s comments at time of seizure not determinative

CA11: Officers executing a SW at a house can approach an occupied car parked out front

“The district court did not err by denying Turner’s motion to suppress. Delgado was entitled, ‘without any level of suspicion,’ to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he … Continue reading

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E.D.Va.: SW authorized search of safe in house even though in room of another occupant

The search warrant authorized a search of a safe in a house even though the room it was in wasn’t occupied by the target of the search. The search warrant wasn’t stale because the drug activities it refers to were … Continue reading

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CA10: Where wrong standard of review applied below, undisputed facts allow appellate court to still decide

“Because the evidence presented by the government at the evidentiary hearing in this case was largely undisputed, we conclude that the district court’s factual findings were not clearly erroneous, and that its misapplication of the standard of review does not … Continue reading

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W.D.Wash.: Govt doesn’t need SW to search its own records

The government doesn’t need a search warrant to search its own records. No case says anything like that, and there is no reasonable expectation of privacy in the private sense. United States v. Fanyo-Patchou, 2020 U.S. Dist. LEXIS 155998 (W.D. … Continue reading

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MS: Def’s consent moots his lack of PC claim

Defendant’s claim of lack of probable cause goes unanswered because there is plenty of evidence of consent. Harris v. State, 2020 Miss. App. LEXIS 499 (Aug. 25, 2020):*

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TX7: Trial court’s initially misstating burden of proof was on def was corrected in the ultimate findings

The trial court first stated that the burden on consent was on the defendant, but the ultimate findings of fact and conclusions of law concluded that the state proved it by sufficient evidence. This corrected the previous mistake, and the … Continue reading

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Cal.: PC shown for SW for murder crime scene

The affidavit for the search warrant of a trailer and curtilage as a crime scene showed probable cause to believe evidence could be there. People v. Suarez, 2020 Cal. LEXIS 5355 (Aug. 13, 2020). Defendant’s appeal raised a substantial question … Continue reading

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CA6: Failure to object to USMJ’s R&R is waiver of 4A claim

Defendant waived his Fourth Amendment challenge to his stop and frisk by not objecting to the USMJ’s R&R. United States v. Smith, 2020 U.S. App. LEXIS 24261 (6th Cir. July 31, 2020). Defendant doesn’t show any plausible basis for defense … Continue reading

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SC: Unzipped pants in traffic stop contributed to RS

“Because we must evaluate the trial court’s findings for clear error, we reluctantly conclude evidence supported the trial court’s finding the officer had reasonable suspicion to extend the stop.” Partly from unzipped pants which suggests to the officer hiding drugs … Continue reading

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