Daily Archives: May 30, 2017

SCOTUS: Co. of LA v. Mendez: No constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim

There is no constitutional basis for the Ninth Circuit’s “provocation” rule that an officer’s conduct that provokes a violent response is a separate Fourth Amendment claim. County of Los Angeles v. Mendez, 2017 U.S. LEXIS 3396 (U.S. May 30, 2017). … Continue reading

Posted in § 1983 / Bivens, Excessive force | Comments Off

N.D.Cal.: It’s not for LEO to second guess a probation search condition’s validity or application

If the probation search condition applies on its face, and even if the search is for general law enforcement purposes, it’s not for the searching officer to inquire into the details of whether there might be some argument behind the … Continue reading

Posted in Probation / Parole search, Reasonableness | Comments Off

N.D.W.Va.: Officers arrived at an injured person call, and the assailant wasn’t around; protective sweep permissible

“Here, the officers arrived to a chaotic scene. The Defendant was severely injured after being hit by a bottle. There were at least two other individuals present. The Police were told the assailant, who had demonstrated his violent nature, was … Continue reading

Posted in Emergency / exigency, Protective sweep | Comments Off

TN: Blood draw without consent was valid at the time it happened; therefore valid

Obtaining defendant’s blood draw without consent was a practice authorized by binding appellate precedent at the time it occurred. Therefore, the denial of defendant’s motion to suppress was appropriate because the officer was acting under a good faith belief that … Continue reading

Posted in Good faith exception | Comments Off

W.D.Va.: Misstatement of crack v. powder cocaine wasn’t Franks violation

In a 2255 case, it wasn’t ineffective assistance for defense counsel to fail to make a Franks challenge to a misstatement of crack v. powder cocaine in a search warrant application. United States v. Moyer, 2017 U.S. Dist. LEXIS 79279 … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off

S.D.Tex.: Immigration stop was extended with RS

Extending an immigration stop: “The Court finds that Agent Gonzalez’s questions related to Garcia’s citizenship, documents proving citizenship, and his travel plans and thus were within the scope of an immigration stop. Further, the Court finds that the questioning was … Continue reading

Posted in Consent, Immigration checkpoints | Comments Off