Daily Archives: July 5, 2017

IA: Breath test of boater was valid as search incident under 4A but not state const.

“[T]he breath test [of a boater] constituted a search incident to arrest excepted from the Fourth Amendment’s warrant requirement under Birchfield.” State v. Pettijohn, 2017 Iowa Sup. LEXIS 78 (June 30, 2017):

Posted in Drug or alcohol testing, Search incident, State constitution | Comments Off

CA11: No CoA for 2255 where no 4A IAC because search was valid

CoA denied 2255 petitioner because the search was valid on the merits, so defense counsel couldn’t be ineffective. Smith v. United States, 2017 U.S. App. LEXIS 11902 (11th Cir. Jan. 9, 2017) (order).* State law governs state officers; federal law … Continue reading

Posted in Ineffective assistance | Comments Off

The New Yorker: The Bootlegger, the Wiretap, and the Beginning of Privacy

The New Yorker: The Bootlegger, the Wiretap, and the Beginning of Privacy by Karen Abbott

Posted in Uncategorized | Comments Off

CA11: Recent murder-robbery made entry into defendant’s house “sufficiently exigent”

The police knew that defendant had “recently” committed an armed robbery and murder, and that he was in his house and armed. They determined to enter and arrest him, and they did. The protective sweep and consent after that was … Continue reading

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OR: Generalized consent to open and look in a purse at a courthouse entrance is not per se consent to search a closed container inside

Court reaffirms that generalized consent to open and look in a purse at a courthouse entrance is not per se consent to search a closed container inside. State v. Winn, 361 Ore. 636, 2017 Ore. LEXIS 422 (June 29, 2017). … Continue reading

Posted in Consent, Reasonable suspicion, State constitution | Comments Off

E.D.Wis.: Doesn’t matter that Google stores E-mails offshore

The fact the server on which the emails sought by the government are outside the United States doesn’t mean that the government can’t get them by valid process. The court declines to follow Matter of Warrant to Search a Certain … Continue reading

Posted in E-mail | Comments Off

E.D.Tenn.: No IAC where nothing from unchallenged alleged illegal search was put used at trial

Defense counsel can’t be ineffective for not filing a motion to suppress where nothing from the search was put into evidence at defendant’s trial. There is no prejudice. Jordan v. United States, 2017 U.S. Dist. LEXIS 102698 (E.D. Tenn. July … Continue reading

Posted in Consent, Ineffective assistance | Comments Off