Daily Archives: March 3, 2017

E.D.Ky.: Def’s handcuffing was not an arrest, but it was custody for Miranda purposes

“The Court finds that Sydnor was not placed under formal arrest when officers handcuffed him at the beginning of the search. However, Sydnor was in custody for purposes of Miranda during the search. Regarding the statements themselves, the first one … Continue reading

Posted in Arrest or entry on arrest | Comments Off

TX14: When trial court finds two theories, defendant has to argue both on appeal or he defaults one

The state raised alternate theories and both were found by the trial court. The defendant didn’t put on a defense to the state’s search incident argument. On appeal, he didn’t argue the search incident issues and defaulted them. Mixon v. … Continue reading

Posted in Burden of proof | Comments Off

IN: No RS for a protective sweep after def was arrested

A protective sweep of a closed room requires reasonable suspicion that an attack could be launched from the room. After defendant was arrested, there was no reasonable suspicion there was anybody else in the house; therefore, no reasonable suspicion. Johnson … Continue reading

Posted in Automobile exception, Protective sweep | Comments Off

WI: The low threshold for def’s BAC level contributed to exigent circumstances

Defendant was unconscious after hitting a deer with his motorcycle when his blood was drawn in the hospital. There was probable cause, and, because of the delay, the officer reasonably concluded there were exigent circumstances because defendant’s offense threshold was … Continue reading

Posted in Drug or alcohol testing | Comments Off

NJ strip search for $6.50 traffic ticket violates state statute

New Jersey by statute prohibits strip searches except for a crime. Defendant was arrested for an outstanding $6.50 traffic ticket and strip searched. The state can’t bootstrap this arrest into a search incident. State v. Evans, 2017 N.J. Super. LEXIS … Continue reading

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CA8: Adding search condition to supervised release after serving 26 years didn’t violate ex post facto clause

Defendant served about 26 years of a 30½ year sentence, and, after release, a search condition was added, and it did not violate the ex post facto clause. United States v. Winston, 2017 U.S. App. LEXIS 3685 (8th Cir. March … Continue reading

Posted in Probation / Parole search | Comments Off

CA9: States court’s rationale for rejecting 4A claim subject to “unreasonable application” clause of § 2254(d)(1) on habeas

On federal habeas, the state court’s determination that defense counsel was reasonable in not filing a motion to suppress was subject to the “unreasonable application” clause of § 2254(d)(1). The state court’s denials were not an unreasonable application of the … Continue reading

Posted in Ineffective assistance | Comments Off