Daily Archives: October 18, 2017

CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

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

IAC claims fail because of conclusory allegations or inability to show prejudice

Defendant’s conclusory 2255 allegations of IAC fail. “Defendant does not establish that, had counsel objected to the indictment and moved to suppress evidence, that the objections and motions would have been granted and that the outcome of his trial would … Continue reading

Posted in Ineffective assistance | Comments Off

D.Mass.: Email warrant for all material so it can be electronically and specifically searched was reasonable

The email search warrant produced 430,081 items, and the database provided then had to be searched. That complied with the terms of the search warrant and the Fourth Amendment because it still provided particularity. United States v. Aboshady, 2017 U.S. … Continue reading

Posted in E-mail, Overbreadth, Particularity | Comments Off

D.Minn.: Human eye may see what video doesn’t capture, so video not conclusive against officer’s basis for stop

The dashcam video doesn’t support what the officer testified to seeing, but it was a different angle, and the court finds that people can see what a video cannot (citing authority). The audio supports the officer’s basis for the stop, … Continue reading

Posted in Reasonable suspicion | Comments Off

S.D.Fla.: Def’s having keys and free access to girlfriend’s apt gives him standing, but the protective sweep was clearly justified

Defendant has standing to challenge the search of his girlfriend’s apartment because he has keys and stays there when he wants to without limitation. “Therefore, the Defendant argues that the Defendant has at least as much of a privacy interest … Continue reading

Posted in Probable cause, Standing | Comments Off