Category Archives: Standards of review

CA5: When both PC and GFE are appealed, both have to be argued on appeal or both are waived

When probable cause and the good faith exception are both decided by the district court, both must be argued on appeal or the whole issue of the validity of the warrant is waived for appeal. “We note initially that Huerta … Continue reading

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ND: 14 hour old information for a probation search was not stale

14 hour old information for a probation search was not stale. State v. Stenhoff, 2019 ND 106 (Apr. 11, 2019). Defendant didn’t preserve his search issues for appeal under state law. “In attempting to reserve the question of whether Defendant … Continue reading

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TN: Credibility determinations in motions to suppress are the province of the trial court

Credibility of the witnesses at a suppression hearing is entrusted to the trial court, and it isn’t subject to review on appeal. State v. Belt, 2019 Tenn. Crim. App. LEXIS 208 (Apr. 1, 2019). A conclusory or general objection to … Continue reading

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MD: The actual inventory is the list of what was seized, not necessarily from exactly where it was seized

“What the inventory must list, as was properly done in this case, is the property that was actually seized, not the rooms that were searched. To describe the scope of the search is not the function of an inventory list.” … Continue reading

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D.Ariz.: Carpenter doesn’t change the third-party doctrine as to IP information

Carpenter doesn’t change the third-party doctrine as to IP information. United States v. McCutchin, 2019 U.S. Dist. LEXIS 36811 (D. Ariz. Mar. 7, 2019). The affidavits “are somewhat thin,” but this is deferential, not de novo, review, and, while this … Continue reading

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CA9: Credibility findings re drug dog and handler are binding on appeal

Defendant’s package was opened in transit with a warrant after a dog sniff. After a three day suppression hearing, the district court found the dog handler credible and there was no misrepresentation of facts concerning the dog’s accuracy or training. … Continue reading

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KS: Inadequate findings and conclusions must be brought to trial court’s attention before appeal

Defendant should have objected to the adequacy of findings of fact and conclusions of law on his search issue in the trial court first. “Without such an objection, this court must presume the district court found all the facts needed … Continue reading

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CA7: Chicago police officer who warned search target of SW properly convicted of obstruction of justice

A Chicago police officer was properly convicted of obstruction of justice when he learned from his job that drug raids and arrests were going down and he called a target he worked with to warn him. United States v. Coleman, … Continue reading

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S.D.Ohio: Affidavit for SW of home garage also showed nexus to house in car theft operation

This investigation into a stolen car ring operated from a home garage showed nexus to the house, too. “The affidavit by Officer Chappell is clear and thorough and reflects months of information gathering. The affidavit explains the nexus between the … Continue reading

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CA3: Municipal officers may execute federal PV warrants

Defendant was ID’d as a likely suspect in a bank robbery, and a federal probation violation warrant was issued. Municipal officers may execute federal probation violation warrants. “See, e.g., United States v. Polito, 583 F.2d 48, 51 (2d Cir. 1978); … Continue reading

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NY3: When trial court sustains search on two grounds, both have to be challenged on appeal or no error

Defendant challenged the search of his BAC which was obtained by consent and a search warrant. Challenging only the search warrant doesn’t matter because consent remains. People v. Guzy, 2018 NY Slip Op 08714, 2018 N.Y. App. Div. LEXIS 8665 … Continue reading

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IA: No conflict in motion to suppress where def counsel was law partner of issuing magistrate

Defense counsel was the law partner of the issuing magistrate. On post-conviction, defendant did not show that defense counsel was operating under a conflict of interest because defense counsel filed and vigorously litigated a motion to suppress. Kensett v. State, … Continue reading

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