Daily Archives: December 13, 2017

IL: Illegal stop and search not fixed under Strieff by finding outstanding warrant after

An illegal stop and search that led to an outstanding warrant wasn’t attenuated by the finding of the warrant, even when the stop was not purposeful or flagrant. In re Jarrell C. (People v. Jarrell C.), 2017 IL App (1st) … Continue reading

Posted in Attenuation | Comments Off

California Lawyer: Gag Orders on Grand Jury Subpoenas to Banks: The Next First Amendment Frontier?

California Lawyer: Gag Orders on Grand Jury Subpoenas to Banks: The Next First Amendment Frontier? by Joshua M. Robbins & Adam M. Sechooler: It is not uncommon for federal prosecutors to use grand jury subpoenas to force banks to produce … Continue reading

Posted in Gag orders | Comments Off

S.D.Ga.: Def shooting victim’s clothes could be seized from ER floor as plain view or because of exigency

Defendant arrived at a hospital ER after he was shot. His clothing was cut off him and on the floor, and the officer’s seizure was valid because it was in plain view and had clear evidentiary value from blood and … Continue reading

Posted in Emergency / exigency, Plain view, feel, smell | Comments Off

D.Mont.: Gun possession not stale after 5 months

A CI’s reference to guns in defendant’s house in Dec. 2016 was not stale by April 2017. Defendant’s arguments about a Franks violation are rejected for lack of materiality to the finding of probable cause. United States v. Wilson, 2017 … Continue reading

Posted in Motion to suppress, Staleness | Comments Off

CA8: The independent source rule doesn’t apply to a civil rights conviction for false arrest

Defendant was properly convicted of false arrest as a deprivation of civil rights. He argued the attenuation doctrine that there was an independent source of information. There wasn’t, and the independent source doctrine is for the exclusionary rule not a … Continue reading

Posted in Attenuation, Independent source | Comments Off

D.Minn.: Officers had PC defendant had CP and not just child nudity

Defendant argued that the alleged child pornography was mere child nudity, and thus not a crime. “The Court concludes that the information contained in each of the four warrant applications was sufficient to permit the reviewing magistrate judges to conclude … Continue reading

Posted in Probable cause | Comments Off

GA & Guam: Not getting a timely ruling on motion to suppress is waiver

Defendant didn’t get a ruling on his motion to suppress before trial. At trial, he didn’t object to one item being admitted but did to another, but not on Fourth Amendment grounds. Defendant waived his Fourth Amendment claim by not … Continue reading

Posted in Motion to suppress | Comments Off