Daily Archives: December 4, 2017

WaPo: This week in the Fourth Amendment: Cops, drugs and the Castle Doctrine

WaPo: This week in the Fourth Amendment: Cops, drugs and the Castle Doctrine by Radley Balko:

Posted in Uncategorized | Comments Off

D.Me.: SW for jail cell produced evidence; USAO ordered to return some stuff, but sheriff not because USAO can’t be ordered to get it from them

There was a search warrant for personal papers in a jail, and some came into the possession of the USAO but two pages did not. They were needed for litigation. The USAO is ordered to return the copies it has, … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off

DE: Typo of month of controlled buy in affidavit for SW could be ignored; totality shows what it really is

The affidavit says that the controlled buy was in the “second half of February 2017” when the search warrant was issued February 1. It’s clear to the court from reading the affidavit as a whole that this is a typo … Continue reading

Posted in Dog sniff, Warrant requirement | Comments Off

CA11: Supervised release warrantless computer search condition isn’t limited to sex offenses

Defendant was convicted of aggravated child abuse, but not a sex offense, in state court, and that resulted in revocation of supervised release. The new sentence was 24 months confinement and 36 months supervised release. A warrantless computer search condition … Continue reading

Posted in Computer searches, Probation / Parole search | Comments Off

CA6: Moving to withdraw plea after three months because “there were technical issues with his arrest warrant” is denied; not a ground for relief

Defendant moved to withdraw his plea three months later because “there were technical issues with his arrest warrant.” “Further, Miller never asserted his innocence, which also weighs against granting the motion. He argued only that he should be permitted to … Continue reading

Posted in Arrest or entry on arrest | Comments Off