Daily Archives: February 26, 2017

Law.com: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail

Law.com Daily Report: Eleventh Circuit Questions Calhoun’s Challenge of Injunction on Indigent Bail by R. Robin McDonald: Lawyers representing the city of Calhoun appeared Thursday before a panel of the U.S. Court of Appeals for the Eleventh Circuit seeking to … Continue reading

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TN: Def’s post-conviction burden is to show that the motion to suppress would have prevailed

On a post-conviction petition that defense counsel was ineffective, the defense has to put on proof to show that there is some reason to believe that the motion to suppress would have been granted if it had been pursued at … Continue reading

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OR: Automobile exception applies to any lawful stop where PC of a crime develops

The automobile exception applies when a vehicle is lawfully stopped for any reason and then probable cause develops. State v. Bliss, 283 Ore. App. 833, 2017 Ore. App. LEXIS 256 (Feb. 23, 2017). Defendant requested a meeting with the police … Continue reading

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DE: Flight from a consensual encounter in a high crime area was RS

Defendant’s stop in a high crime area was consensual. Defendant, however, was acting like he was checking for a gun on his person, and then he fled. That gave the officers reasonable suspicion. Loat v. State, 2017 Del. LEXIS 70 … Continue reading

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CA4: Pre-Rodriguez stop was valid under law at time

Rodriguez was decided after the stop, and the circuit recognized de minimus delays in the stop. Moreover, the stop is not calculated merely by time: “Under Digiovanni and other pre-Rodriguez cases, that Deputy McMurray may have been able to end … Continue reading

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CA5: Detention on a “mental writ” was reasonable

“Holloway is a six-foot-six, former Mississippi State University offensive lineman who was in a car accident with a deputy near Hattiesburg in Lamar County, Mississippi.” Later, he was described as “formidable.” It turned out there was a “mental writ” issued … Continue reading

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