Daily Archives: December 14, 2017

WA: Def counsel likely ineffective for not moving to suppress seizure of attorney-client materials from jail cell

Defendant showed potential for prejudice for defense counsel’s failure to file a motion to dismiss a jail search that recovered materials the defendant was preparing for defense counsel and thus protected by attorney-client privilege. Remanded for a hearing. In re … Continue reading

Posted in Ineffective assistance | Comments Off

NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says

NYTimes: City Police Officers Are Not Reporting All Street Stops, Monitor Says by Al Baker: More than two years into his tenure, a court-appointed monitor overseeing changes to the New York Police Department’s stop-and-frisk policies has found that some officers … Continue reading

Posted in Stop and frisk | Comments Off

E.D.La.: Not filing motion to suppress but joining in codef’s renewed motion to suppress was waiver

Where one defendant didn’t file a motion to suppress but joined in a renewed motion to suppress of a codefendant, the motion is treated as waived. The procedure attempted circumvents Rule 12. Moreover, he doesn’t even have standing. United States … Continue reading

Posted in E-mail, Motion to suppress, Reasonableness | Comments Off

CA8: Domestic call and argument where def was reported armed justified warrantless entry

In a domestic dispute where the police were called, “The warrantless entry was justified by a legitimate and objectively reasonable concern for the safety of Christina Bak and the officers. They had information that Quarterman was making Christina Bak move … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search

A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

OH12: Without def bringing up a suppression hearing transcript, findings uncontradicted

With no transcript of the suppression hearing, there’s nothing to contradict the trial court’s findings. State v. Harding, 2017-Ohio-8930, 2017 Ohio App. LEXIS 5373 (12th Dist. Dec. 11, 2017). Defense counsel’s failure to file a motion to suppress wasn’t ineffective … Continue reading

Posted in Ineffective assistance, Standards of review | Comments Off

IN: Officer didn’t follow inventory policy and made this a criminal search; suppressed

The inventory in this case “deviated greatly” from the impoundment policy. When a gun was found, it turned into a criminal investigation and the officer ignored the inventory. No inventory was made. Sansbury v. State, 2017 Ind. App. LEXIS 804 … Continue reading

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