Daily Archives: December 17, 2017

New York Magazine: Are Trump’s Transition Team Lawyers Attempting to Discredit Mueller?

New York Magazine: Are Trump’s Transition Team Lawyers Attempting to Discredit Mueller? by Chas Danner Well, duh! “To ask the question is to answer it.” Heald v. Rice, 104 U.S. 737, 755 (1892); In Re Debs, 158 U.S. 564, 581 … Continue reading

Posted in Uncategorized | Comments Off

TN: Multiple mistakes on time of issuance of SW supported suppression under state law

Multiple typos on the time of issuance of the blood warrant (2044, 2244, 2244 pm, 2244 am) resulted in the trial court’s suppressing the warrant. The facts don’t preponderate against the findings of the trial court because the witnesses were … Continue reading

Posted in Warrant requirement | Comments Off

KY: Confrontation clause doesn’t apply in suppression hearings

The Sixth Amendment’s confrontation clause doesn’t apply to a suppression hearing to get the typical CI on the stand to attack his reliability. [Now, if the CI was a material witness to the case under Roviaro, likely so.] Hawkins v. … Continue reading

Posted in Burden of proof, Suppression hearings | Comments Off

Once again, Trump team lawyer doesn’t understand search warrant process (Part 2) | And the President undermines U.S. criminal justice to benefit all suspects

Once again, a Trump team lawyer doesn’t understand the Fourth Amendment. Saying the Fourth Amendment was violated doesn’t make it so. I hear this everyday from my own clients who are far less sophisticated about the law than Trump’s own … Continue reading

Posted in E-mail | Comments Off

D.Colo.: Landowners consented to entries by BLM when leasing to oil and gas companies

The Court affirms the “Interior Board of Land Appeals’ finding that the Federal Oil and Gas Management Act authorizes Bureau of Land Management representatives to conduct warrantless, unannounced inspections of oil wells on Plaintiffs’ fee lands was not arbitrary, capricious, … Continue reading

Posted in Administrative search, Consent | Comments Off

NY3: Failure to search cell phone within the time limits on the warrant after timely seizure required suppression

Defendant’s cell phone was seized under a search warrant but the search did not occur for two months. The cell phone search violated state law because the search did not occur within the ten days required by the rule and … Continue reading

Posted in Abandonment, Cell phones, Warrant execution | Comments Off

IL: Def’s stop was without RS, and his flight didn’t add anything to the totality

The stop of the juvenile in this case was without reasonable suspicion and was designed to be a show of authority. The juvenile fled, and, under the totality of circumstances, the court can’t say that it added anything to the … Continue reading

Posted in Reasonable suspicion | Comments Off