Daily Archives: August 5, 2017

CA4: Even if consent invalid, PC for SW came from independent sources

“[T]he district court did not err in denying Hernandez’s motion to suppress the evidence obtained from the Samsung T199 phone because the search pursuant to the warrant was ‘genuinely independent’ of the initial search. Murray, 487 U.S. at 542.” United … Continue reading

Posted in Collective knowledge, Independent source | Comments Off

CA9: Officer’s call to def’s PO during stop didn’t unreasonably prolong it, and PO requested search

The officer’s call to defendant’s PO during his traffic stop did not unreasonably prolong the stop. The PO separately had reasonable suspicion for a search and requested one. United States v. Seugasala, 2017 U.S. App. LEXIS 14173 (9th Cir. Aug. … Continue reading

Posted in Ineffective assistance, Probation / Parole search | Comments Off

OH6: Stop and arrest outside officer’s territorial jurisdiction does not violate state constitution

The officer knew he was outside his territorial jurisdiction when he made a stop of a suspect DUI, but this doesn’t violate the Ohio Constitution. State v. Curran, 2017-Ohio-7008, 2017 Ohio App. LEXIS 3130 (6th Dist. July 28, 2017). Lack … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading | Comments Off

GA engages in de novo review of consent claim when facts aren’t in dispute

Since the facts are undisputed, the court does de novo review and finds that defendant consented to the breath test and reverses. State v. Jacobs, 2017 Ga. App. LEXIS 361 (Aug. 2, 2017). “Counsel was not ineffective in failing to … Continue reading

Posted in Ineffective assistance, Standards of review | Comments Off

D.Nev.: Nighttime search clause in SW moot where search was during day

Police showed probable cause for a DNA search warrant in an effort to connect defendant to an armed robbery. The warrant had a nighttime search clause. Since this all happened during daylight hours, any issues with the nighttime clause are … Continue reading

Posted in DNA, Nighttime search | Comments Off

W.D.Ark.: Can’t relitigate appealed search issue in a 2255

“The very Fourth Amendment issues now raised by Berger in this § 2255 proceeding were raised and decided adversely to him on direct appeal. … He may not do so again now.” United States v. Berger, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Reasonable suspicion | Comments Off

CA5: Plaintiff’s civil search claim was barred by Heck v. Humphrey, but his due process claim was not

Plaintiff’s civil search claim was barred by Heck v. Humphrey, but his due process claim was not. Shugart v. Six Unknown Fannin Cty. Sheriffs, 2017 U.S. App. LEXIS 14190 (5th Cir. Aug. 2, 2017):

Posted in § 1983 / Bivens | Comments Off