Daily Archives: December 3, 2017

WaPo: House Intelligence Committee passes spy-bill renewal, but on party lines

WaPo: House Intelligence Committee passes spy-bill renewal, but on party lines by Karoun Demirjian: The House Intelligence Committee passed a bill Friday to restrain the government’s access to data collected under a powerful authority to collect foreign intelligence on U.S. … Continue reading

Posted in FISA | Comments Off

OH2: Two on nonconsensual encounters: one in an ER, one on def’s own property

The officer’s encounter with defendant in the ER initially asking if he had “any drugs or weapons” was not consensual. “The trial court concluded that Officer West’s encounter was not a consensual encounter. The trial court emphasized that West approached … Continue reading

Posted in Consent | Comments Off

CA7: Nolo plea after losing suppression hearing is collateral estoppel

A state multiday suppression hearing was denied, and that led to defendant’s nolo plea to the charges. Then he sued in federal court. When collateral estoppel was invoked, he argued that the plea vitiated collateral estoppel. It didn’t. Derrick v. … Continue reading

Posted in § 1983 / Bivens | Comments Off

W.D.Mo.: Knock-and-announce didn’t apply to an open door; plain view reasonable, but wife’s consent was vitiated by threat of jail if she didn’t sign form

Officers came to defendant’s house both on a call about the welfare of children living there and with a pre-existing warrant for defendant’s arrest. They encountered one of the children outside taking trash to the street and determined that defendant … Continue reading

Posted in Consent, Knock and announce, Plain view, feel, smell | Comments Off

E.D.Va.: Corrected typo on SW’s execution date was proper and didn’t void warrant

There was a typo on the warrant when created by the Magistrate. It said it had to be executed by “June 13” but it was issued after that and obviously should have said “July 13.” The error was caught by … Continue reading

Posted in Probable cause, Warrant requirement | Comments Off

MD: Def agreed to postpone suppression hearing until trial and then didn’t bring it up; invited error and not preserved

Defendant failed to preserve his Fourth Amendment claims for appeal. You don’t get a hearing just by asking. He didn’t make a proffer in his Franks motion which was enough to deny it. Then, whatever issue was left, the defense … Continue reading

Posted in Burden of pleading, Burden of proof, Franks doctrine | Comments Off

CO: Pre-Riley cell phone search incident not saved by GFE because no prior case on point

Defendant’s cell phone was subjected to a pre-Riley search incident. Defendant preserved the issue, and now he prevails. The state’s reliance on Davis good faith exception fails because the case the state relies on to support good faith reliance on … Continue reading

Posted in Burden of pleading, Cell phones | Comments Off