Daily Archives: July 25, 2017

CA8 upholds Playpen warrant strictly on GFE despite Rule 41 violation

Playpen warrant upheld purely on good faith exception of Davis and Herring. Rule 41 was violated, but the court finds the costs of exclusion outweight deterrence, particularly where the rule was modified to permit such later warrants. United States v. … Continue reading

Posted in Computer searches, F.R.Crim.P. 41, Good faith exception | Comments Off

CA10: Where one in car flashed gun in a bar, it was reasonable to order occupants to ground when stopped

Defendant was seen flashing a gun in a bar in Colorado, and police got a specific description including hair braids and dress from the wait staff. When the car was seen, officers ordered the occupants out and to the ground … Continue reading

Posted in Excessive force, Reasonableness, Stop and frisk | Comments Off

CA9: § 1983 Franks violation: Ignoring alleged false statements still leaves PC

A search warrant was issued for alleged violations of the building code. Ignoring any alleged false statements that led to issuance of the search warrant, there still was probable cause. Gunnels v. Kenny, 2017 U.S. App. LEXIS 13204 (6th Cir. … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Qualified immunity | Comments Off

OR: Emergency aid exception applies to animals in distress

The emergency aid exception applies to animals in distress. Here it was cattle. State v. Hershey, 286 Ore. App. 824, 2017 Ore. App. LEXIS 907 (July 19, 2017). There was plenty of probable cause, but defendant’s Franks argument that the … Continue reading

Posted in Emergency / exigency, Franks doctrine | Comments Off

NE: Reach under seat during traffic stop was RS

The officer suspected that a wanted person was in the car defendant was in and stopped it. As he approached the car, the driver reached under the seat. The wanted person wasn’t found, but there was reasonable suspicion from the … Continue reading

Posted in § 1983 / Bivens, Reasonable suspicion | Comments Off