Daily Archives: March 26, 2017

OH5: Consent was invalid when def was told she’d only be charged with tampering if she didn’t disclose the heroin on her person

The evidence supported the trial court’s finding that defendant’s consent to search was not freely and voluntarily given because the officer’s explanation to defendant incorrectly intimated that she could be charged with tampering with evidence if it was concealed on … Continue reading

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OH5: Child sexual assault victim’s story to the police led to SW for 2d grade teacher’s classroom for CP

Defendant was a second grade teacher convicted of gross sexual imposition on some of his female students too whom he also showed child pornography. One of them ratted him out to the police, and that resulted in a search warrant … Continue reading

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E.D.Tex.: Suicide by cop as exigency requires actual engagement with law enforcement

The government’s claim of exigency from an alleged fear of “suicide by cop” is rejected here. “The Government invokes the inherent danger of suicide and, in particular, suicide by cop, but suicide by cop requires engagement with law enforcement. The … Continue reading

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IL: Franks falsity applies to the officer, not the CI; also, the CI testified before the issuing magistrate, and that bolsters credibility

“The deliberate falsity or reckless disregard of the truth applies only to the affiant—here, Officer Ramirez—and not to any nongovernmental informant like Rodriguez. … What is more, we note that both Officer Ramirez and Rodriguez appeared before the issuing judge, … Continue reading

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