Daily Archives: November 23, 2017

E.D.Mich.: Def was alleged to be involved in a pill mill, but SW was for his home; affidavit showed nexus to home for instrumentalities of crime

Police got a search warrant for defendant’s home in a pill mill case. “This affidavit did not attempt to establish probable cause to believe Knight was conducting prescription drug deals at his home. Instead, it attempted to establish probable cause … Continue reading

Posted in § 1983 / Bivens, Nexus | Comments Off

TN: Disclaiming any interest in the contents of a car means no standing in the contents

Defendant told the police that nothing in the car was his, so he didn’t have a reasonable expectation of privacy in the contents. Therefore, his defense counsel couldn’t be ineffective for not filing a motion to suppress the search. Dunn … Continue reading

Posted in Standing | Comments Off

MA: Def counsel gave IAC for not moving to suppress cell phone data; just because it might be interesting isn’t PC

Defendant received ineffective assistance of counsel by counsel’s failure to file a motion to suppress the search of defendant’s cell phone. The affidavit for the search warrant did not establish probable cause to search the phone. The mere fact two … Continue reading

Posted in Cell phones, Ineffective assistance, Probable cause | Comments Off

TX13: If a motion to suppress was made under McNeely it would have been granted; def received IAC

Defense counsel’s misapprehension of the application of McNeely to blood test results was ineffective assistance of counsel. If a motion to suppress had been made, it would have been granted. Briggs v. State, 2017 Tex. App. LEXIS 10891 (Tex. App. … Continue reading

Posted in Drug or alcohol testing, Ineffective assistance, Subpoenas / Nat'l Security Letters | Comments Off