Daily Archives: March 19, 2017

WaPo: ‘The Watch’ Blog: South Carolina police shot a man to pieces over $100 worth of pot, then lied about it

WaPo: ‘The Watch’ Blog: South Carolina police shot a man to pieces over $100 worth of pot, then lied about it by Radley Balko: Prosecutors drop drug charges against Julian Betton after cops’ account of the raid that paralyzed him … Continue reading

Posted in Excessive force, Police misconduct | Comments Off

The Libertarian Republic: Rand Paul Reintroduces “FAIR Act” to Restore Respect for the 5th Amendment [in forfeitures]

The Libertarian Republic: Rand Paul Reintroduces “FAIR Act” to Restore Respect for the 5th Amendment [in forfeitures] Kentucky conservative Senator Rand Paul reintroduced S. 642, the FAIR (Fifth Amendment Integrity Restoration) Act on Wednesday. The intention of the bill is … Continue reading

Posted in Forfeiture | Comments Off

S.D.Ala.: RS supported stop of defs’ boat in international waters; scuttling a sinking ship after full investigation not spoliation of evidence

The government showed reasonable suspicion to believe that defendants’ ship was engaged in drug smuggling when it was seen again off the Colombian coast heading to the U.S. along a known smuggling route. The USCG elected to scuttle the boat … Continue reading

Posted in Uncategorized | Comments Off

S.D.Fla.: Pictures on def’s Instagram account corroborated CIs

Defendant’s Instagram pages allowed agents to see photographs of firearms and bottles of promethazine with codeine (“molly”) and marijuana. Defendant was already a suspected molly distributor with two prior cocaine convictions, and that substantially helped show probable cause for a … Continue reading

Posted in Informant hearsay, Probable cause | Comments Off

AL: Lack of an inventory sheet fatal to the state’s claim the search was valid as an inventory

The lack of an inventory sheet fatal to the state’s claim the search was valid as an inventory. Keith v. State, 2017 Ala. Crim. App. LEXIS 14 (March 17, 2017):

Posted in Inventory | Comments Off

TN: Overbroad certified question for appeal, such as “the [in]validity of the search and seizure,” leads to dismissal

In a non-search case, the Tennessee Court of Criminal Appeals dismisses an appeal for an overbroad “certified question” for appeal, citing from a 2001 search and seizure case where the issue was presented as “the validity of the search and … Continue reading

Posted in Burden of pleading | Comments Off

W.D.Pa.: Telling def to stop moving his hands in a car wasn’t a seizure

Telling defendant to stop moving his hands around while he’s sitting in a car isn’t a “seizure.” When defendant complied, the officer who stopped him could see the corner of a baggie for drugs in plain view on the console, … Continue reading

Posted in Probable cause, Seizure | Comments Off

W.D.Ark.: Def counsel has apparent authority to receive property returned after arrest

In a civil action for return of property: “In the specific context of the disposition of property, district courts have found that the government acts appropriately when it disposes of property in a manner consistent with actions or representations made … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off