Monthly Archives: February 2018

CA7: Controlled buy corroborated CI

“Although the factors [on CI reliability] go both ways, on balance they support the CI’s reliability. Most significantly, the deputies corroborated the CI’s story with their own investigation by conducting surveillance and executing a controlled buy.” United States v. Haynes, … Continue reading

Posted in Excessive force, Informant hearsay | Comments Off on CA7: Controlled buy corroborated CI

New Republic: Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs?

New Republic: Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs? by Matt Ford: How the Supreme Court can curtail the destruction of private property during police searches

Posted in Scope of search | Comments Off on New Republic: Should Cops Be Allowed to Rip Up Your Stuff While Looking for Drugs?

wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation

wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation by Rafia Shaikh:

Posted in Computer and cloud searches, E-mail | Comments Off on wccftech: Sony Starts Sharing PlayStation 4 Data with the FBI – Begins with a Terror Investigation

S.D.N.Y.: A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing

A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing. United States v. Defilippo, 2018 U.S. Dist. LEXIS 22784 (S.D. N.Y. Jan. 31, 2018):

Posted in Franks doctrine | Comments Off on S.D.N.Y.: A Franks challenge that is nothing more than an argument about inferences doesn’t plead enough to get a hearing

NY4: Scope of search claim defaulted by not presenting it to trial court

A facial challenge to a search warrant is a question of law, and no hearing is required. On the application, probable cause was shown along with the CI’s reliability. Defendant’s claim the search exceeded the search warrant is defaulted for … Continue reading

Posted in Burden of pleading, Burden of proof, Standing | Comments Off on NY4: Scope of search claim defaulted by not presenting it to trial court

LA2: IAC claim was fact intensive and denied w/o prejudice to pursue in post-conviction

“After reviewing this record, we find that the issue of ineffective assistance of counsel is not adequately developed in the record and would be more properly raised in an application for PCR. The defendant’s contention that the recording is inadmissible … Continue reading

Posted in Ineffective assistance | Comments Off on LA2: IAC claim was fact intensive and denied w/o prejudice to pursue in post-conviction

E.D.Ky.: Subjective belief in implied consent to enter was unreasonable; motion to suppress granted

The officer’s subjective belief in implied consent was unreasonable. There was no implied consent, and the motion to suppress is granted, despite the R&R. “Here, it is undisputed that neither Officer Tackett nor Officer Stevens asked for permission to enter … Continue reading

Posted in Consent | Comments Off on E.D.Ky.: Subjective belief in implied consent to enter was unreasonable; motion to suppress granted

E.D.Mich.: State court’s finding def didn’t plead enough for Franks hearing was not “unreasonable” for AEDPA

Defendant didn’t plead enough to get a state court hearing on his Franks issue. The state court’s decision falls within Stone v. Powell’s “full and fair opportunity” to litigate, and he took that issue up on his state appeal. Rooks … Continue reading

Posted in Franks doctrine | Comments Off on E.D.Mich.: State court’s finding def didn’t plead enough for Franks hearing was not “unreasonable” for AEDPA

SCOTUSBlog: Argument preview: Should courts read statutory exclusionary rules broadly?

SCOTUSBlog: Argument preview: Should courts read statutory exclusionary rules broadly? by Richard Re:

Posted in Exclusionary rule, SCOTUS | Comments Off on SCOTUSBlog: Argument preview: Should courts read statutory exclusionary rules broadly?

Reason: Alabama Prosecutor, Sheriff Threaten to Put More People in Prison in Order to Keep Seizing Massive Amounts of Property

Reason: Alabama Prosecutor, Sheriff Threaten to Put More People in Prison in Order to Keep Seizing Massive Amounts of Property by Scott Shackford: Lawmakers are considering long-overdue civil asset forfeiture reform, and law enforcement leaders aren’t happy.

Posted in Forfeiture | Comments Off on Reason: Alabama Prosecutor, Sheriff Threaten to Put More People in Prison in Order to Keep Seizing Massive Amounts of Property

Above the Law: The Vanilla Ice Rule: “Anything less than the best is a felony.”

Above the Law: The Vanilla Ice Rule by Matthew W. Schmidt: Litigators must remember that “anything less than the best is a felony.”

Posted in Uncategorized | Comments Off on Above the Law: The Vanilla Ice Rule: “Anything less than the best is a felony.”

CA6: LEO’s conviction for criminal civil rights violation for wrongful entry to arrest affirmed

Defendant was a police officer and he’s convicted here of cirminal civil rights violation for wrongful entry into the victim’s house. The event started when the victim came home to his apartment building, found defendant parked in his parking spot, … Continue reading

Posted in Arrest or entry on arrest | Comments Off on CA6: LEO’s conviction for criminal civil rights violation for wrongful entry to arrest affirmed

D.Nev.: Def files a Franks challenge to a state issued SW, and the government says it won’t use the product of the search

The defendant filed a motion to suppress under Franks alleging numerous falsehoods in the search warrant application issued by a state judge in Arizona. “James is surprised by the government’s response. Rather than defend the credibility and integrity of the … Continue reading

Posted in Franks doctrine | Comments Off on D.Nev.: Def files a Franks challenge to a state issued SW, and the government says it won’t use the product of the search

E.D.Ky.: To claim IAC for not challenging SW, the affidavit and SW have to be in the 2255 submission or say how

“As explained in the plea agreement, the search warrant was a state warrant obtained by the Lexington Police Department. D.E. 95 at 2. The materials related to the warrant are not in the record of this case. Strickland provides no … Continue reading

Posted in Ineffective assistance | Comments Off on E.D.Ky.: To claim IAC for not challenging SW, the affidavit and SW have to be in the 2255 submission or say how

MA: Consent to search for firearms and drugs “in the vehicle” wasn’t notice that the officer would search under the hood; no consent for that search

The trial court properly granted defendant’s motion to suppress because his consent to a search for drugs or firearms “in the vehicle” did not authorize an officer to search under the vehicle’s hood and to remove the air filter, since … Continue reading

Posted in Consent, Scope of search | Comments Off on MA: Consent to search for firearms and drugs “in the vehicle” wasn’t notice that the officer would search under the hood; no consent for that search

AR: Search of def’s wallet in a frisk was unreasonable

The officer made a drug arrest in the park, and defendant was around and fidgeting with his hands repeatedly going in and out of his pockets. A frisk of defendant for a weapon was reasonable, but a search of his … Continue reading

Posted in Automobile exception, Scope of search, Stop and frisk | Comments Off on AR: Search of def’s wallet in a frisk was unreasonable

E.D.Cal.: A civil detainee has no REP in his cell, despite not being a convict

A civil commitment detainee has more rights than a convict in a jail, but still practically none in his living area from a search for alleged contraband. Warrior v. Santiago, 2018 U.S. Dist. LEXIS 22742 (E.D. Cal. Feb. 12, 2018). … Continue reading

Posted in Inevitable discovery, Plain view, feel, smell, Prison and jail searches | Comments Off on E.D.Cal.: A civil detainee has no REP in his cell, despite not being a convict

E.D.N.C.: Weapons tossed by somebody other than def isn’t his abandonment

Weapons tossed by somebody other than the defendant aren’t abandoned as to the defendant. The search was valid as a parole search under state law. United States v. Scott, 2017 U.S. Dist. LEXIS 217307 (E.D. N.C. Dec. 20, 2017) (R&R). … Continue reading

Posted in Abandonment, Burden of pleading | Comments Off on E.D.N.C.: Weapons tossed by somebody other than def isn’t his abandonment

NOLA considering ordinance to put surveillance cameras in and outside all bars feeding to a city central server

New Orleans has proposed ordinance 32,107 regulating bars, and part is about surveillance systems. This caught my eye because, in college, I first considered the privacy concerns of street cameras being installed here. That was probably 1969-70, and Katz was … Continue reading

Posted in Administrative search, Surveillance technology | Comments Off on NOLA considering ordinance to put surveillance cameras in and outside all bars feeding to a city central server

CA4: Handcuffing a compliant child at school violated 4A, but officer gets QI

A police officer’s handcuffing a compliant child after a discussion in the school office violated the child’s Fourth Amendment rights. The event was long past with no risk of violence being shown by the child by the time that happened. … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Qualified immunity | Comments Off on CA4: Handcuffing a compliant child at school violated 4A, but officer gets QI