Daily Archives: September 24, 2016

CA5: Warning potential victim of a hit on him overheard on a wiretap didn’t dissipate the exigency to try to stop it

The FBI learned through a wiretap that a person had a hit out on him by defendant, and succeeded in finding him and warning him. The mere fact he was warned didn’t dissipate the exigency because, until defendant was rounded … Continue reading

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Esquire: The Bill of Rights Is Hanging by a Thread

Esquire: The Bill of Rights Is Hanging by a Thread by Charles P. Pierce: The law is supposed to be our protector, not our enemy.

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TN: Blood on def’s sock supported PC for automobile exception

Based on blood on defendant’s sock, on the totality there was probable cause to believe that more possible blood evidence would be found in his car. That was sufficient for the automobile exception to apply. State v. Peden, 2016 Tenn. … Continue reading

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S.D.Iowa finds Playpen NIT warrant violation of Rule 41 and Fourth Amendment

S.D.Iowa joins minority and finds Playpen NIT warrant violation of Rule 41 also a Fourth Amendment violation. United States v. Croghan, 2016 U.S. Dist. LEXIS 127479 (S.D.Iowa Sept. 19, 2016):

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IL: Stop for failure to signal lane movement was not unreasonable where no case said officer couldn’t make stop

The officer’s stop of defendant for not using his turn signal when the signal lane became two lanes was at least a mistake of law under Heien, already recognized in Illinois. No state case addresses these facts, and it’s not … Continue reading

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E.D.Va.: Def claimed on post-conviction defense counsel promised win on motion to suppress; hearing has to be held

Defendant in his 2255 claimed defense counsel promised that he could win a motion to suppress. Defense counsel denied it, saying he reviewed the file and told defendant it was a hopeless motion. A hearing has to be held. United … Continue reading

Posted in Ineffective assistance | Comments Off on E.D.Va.: Def claimed on post-conviction defense counsel promised win on motion to suppress; hearing has to be held

The Hill Blog: Open-carry opens up series of constitutional issues for cops

The Hill Blog: Open-carry opens up series of constitutional issues for cops by Geoffrey Corn: A police officer receives a dispatch call to a public disturbance. The dispatcher provides the limited information she can: protesters have assembled in a downtown … Continue reading

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