Category Archives: Standards of review

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 footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. Inside … 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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DE: SW for drugs allows search anywhere drugs may be hidden

A search warrant for drugs authorizes a search any place where drugs may be hidden. The fact other things are found that are evidence allows their seizure, too. Jackson v. State, 2019 Del. LEXIS 456 (Oct. 8, 2019). U.S. Probation … Continue reading

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FL5: Car search was justified by search incident; automobile exception finding not even appealed

Defendant’s traffic stop was justified for stopping in the crosswalk before turning on red. The search of the car was found by the trial court with probable cause and justified by the search incident doctrine and the automobile exception. Defendant … Continue reading

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OH6: Trial court didn’t commit plain error in not inquiring into drug dog’s training when defense didn’t

The trial court did not commit plain error in not inquiring into the drug dogs training when defendant didn’t raise it. State v. Jones, 2019-Ohio-3704, 2019 Ohio App. LEXIS 3777 (6th Dist. Sept. 16, 2019). The particulars of a drug … Continue reading

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CA11: 4A IAC claim fails on merits of search issue

Petitioner’s IAC claim against defense counsel for not pursuing a Fourth Amendment claim was properly denied for lack of standing on the merits. Virgil v. Sec’y, Dept. of Corrections, 2019 U.S. App. LEXIS 23777 (11th Cir. Aug. 8, 2019).* Defendant’s … Continue reading

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VA: 4A claim waived for failure to fully brief it

Defendant’s Fourth Amendment claim on appeal was waived by failure to fully argue it, as in “Fourth Amendment rights were violated because ….” Ducharme v. Commonwealth, 2019 Va. App. LEXIS 187 (Aug. 6, 2019):

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CA4: Denial of post-trial Franks motion here subject to plain error review

Defendant’s motion for a Franks hearing came post-trial. The court of appeals declines to deny it for lack of timeliness and denies it on the merits. The Franks burden is heavy, and the record is scant. So, he’s relegated to … Continue reading

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LA4: Constructive possession to convict isn’t the test for PC; suppression order reversed

The trial court erred in granting the motion to suppress a gun, essentially conflating the probable cause inquiry and sufficiency of evidence to convict the defendant at trial of possession. State v. LangState v. LangState v. Lang, 2019 La. App. … Continue reading

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LA3: State showed abandonment of car at hearing even though trial court decided on other grounds

The state argued and showed abandonment, but the trial court didn’t decide it. On appeal, the court finds that defendant abandoned his car after a police chase and he bailed out of the car and ran. State v. Guidry, 2019 … Continue reading

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ID: Right-result, wrong-theory rule requires preservation of the alternative argument

The state can’t use the right-result, wrong-theory rule when it doesn’t preserve the alternative argument to give the other party the opportunity to develop the record. State v. Hoskins, 2019 Ida. LEXIS 108 (June 13, 2019). The evidence available to … Continue reading

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N.D.Iowa: Suppression hearing review isn’t de novo; it’s whether there is a substantial basis for finding PC

The district court’s duty at a suppression hearing is not de novo review of probable cause – it’s whether there is substantial evidence to support the conclusion of the issuing magistrate that there was probable cause. United States v. Mohring, … Continue reading

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