Daily Archives: October 21, 2017

S.D.Tex.: Third Leon test essentially shores up PC here

The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading

Posted in Emergency / exigency, Good faith exception, Probable cause | Comments Off

WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes

WaPo: The Fourth Amendment and querying the 702 database for evidence of crimes by Orin Kerr:

Posted in FISA | Comments Off

OH8: 4A IAC claim requires defendant allege and offer proof of standing

Defendant doesn’t allege any facts to support that he had standing such that a motion to suppress would be granted. Therefore, no IAC shown. State v. Musleh, 2017-Ohio-8166, 2017 Ohio App. LEXIS 4533 (8th Dist. Oct. 12, 2017).* Defendant’s 2255 … Continue reading

Posted in Ineffective assistance | Comments Off

CA5: Minivan and FedEx truck meeting up twice in commercial parking lots at 2am when FedEx is never there is RS

Officers had reasonable suspicion for stop of a minivan and a FedEx truck because they met up in a commercial parking lot at 2 am, and the officer on patrol in that area had never seen a FedEx truck at … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Utah: Officer apparently still had DL when consent sought; motion to suppress granted

The record doesn’t show when defendant got his license and paperwork back from the officer before consent was sought, but it all appears that consent was sought when defendant and his passenger would not feel free to leave [or able … Continue reading

Posted in Reasonable suspicion | Comments Off