Daily Archives: January 22, 2018

SCOTUS: QI immunity granted where there was arguable PC on the totality for arrests and no case in point saying there wasn’t

On the totality of circumstances, it was reasonable to infer probable cause to arrest plaintiffs for unlawful entry for being in an otherwise vacant building for a party. The actions of the partygoers suggested they knew they had no right … Continue reading

Posted in § 1983 / Bivens, Probable cause, Qualified immunity | Comments Off

D.Neb.: Giving home alarm code helps show consent

The record supports that defendant consented to his probation search. Giving the alarm code helps show consent. There was no objection to the probation search at any time. United States v. Wilson, 2018 U.S. Dist. LEXIS 8815 (D. Neb. Jan. … Continue reading

Posted in Consent, Probation / Parole search | Comments Off

D. Md.: Def’s 2255 supplemental Franks challenge has a failure of a proffer of evidence

Defendant had a Franks challenge and lost. One 2255 claim is that if defense counsel investigated more, it would have been a better Franks motion, but he fails to state what else would have been found to make it better. … Continue reading

Posted in Franks doctrine, Ineffective assistance, Probable cause | Comments Off

techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction

techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction by Tim Cushing:

Posted in Uncategorized | Comments Off

W.D.N.C.: Delay of search to protect def’s property rights isn’t a constitutional violation

The officers were solicitous of defendant’s property rights and, because his car battery was dead, they waited to get it open rather than pry open the trunk, which they could have done. Their respecting his property rights isn’t hardly a … Continue reading

Posted in Warrant execution | Comments Off

NE: Driver could consent to search of car when owner was passenger

Defendant was a passenger in his own car, and it was stopped by the police. The driver gave consent, and it was binding on the owner passenger. State v. Hill, 298 Neb. 675, 2018 Neb. LEXIS (Jan. 19, 2018). When … Continue reading

Posted in Consent, Warrant execution | Comments Off