Daily Archives: July 8, 2017

W.D.Tenn.: No free standing 4A claim in 2255

2255 petitioner can’t make a free standing Fourth Amendment claim. Walker v. United States, 2017 U.S. Dist. LEXIS 104358 (W.D. Tenn. April 20, 2017).* Defendant’s post-conviction claim that the search warrant in his case were counterfeits was waived by his … Continue reading

Posted in Ineffective assistance | Comments Off

OH7: Bounty hunters have no license to enter as police officers do under state statute

While LEOs have the authority to break and enter to arrest a fugitive when they have an arrest warrant, state law grants no such power to bondsman. Conviction for criminal damaging affirmed for kicking in two doors, and the fugitive … Continue reading

Posted in Arrest or entry on arrest, Private search | Comments Off

MA: No PC shown for text messages, but PC shown for CSLI information

The state could not show that defendant’s text messages would show his connection with a murder, so the text messages were properly suppressed. The ubiquity of cell phones, however, does provide probable cause to believe that it might show the … Continue reading

Posted in Cell phones, Cell site location information, Probable cause | Comments Off

MI: Video showed the stop was extended without RS

Defendant’s seizure after a traffic stop was without reasonable suspicion under Rodriguez. “We have reviewed the relevant testimony as well as the complete video/audio recording of the encounter from Daniels’s first observation of defendant’s car through the arrest. On the … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

WI: Community caretaking function can support impoundment and inventory despite lack of standardized procedures

Defendant matched the description of a man wanted for robbery and a probation violation. He was found on the property of a storage unit company. After his arrest, his vehicle was parked between two rows of buildings, blocking one unit … Continue reading

Posted in Community caretaking function, Inventory | Comments Off