Daily Archives: February 6, 2018

Legal IntBeware: Texts and Wearable Data Must Be Preserved, Too

Legal IntBeware: Texts and Wearable Data Must Be Preserved, Too by Joseph Francoeur, Michelle Vizzi and Sade A. Forte: Attorneys need to be aware of technological advances in terms of preservation of evidence and new avenues for seeking relevant evidence. … Continue reading

Posted in Surveillance technology | Comments Off

MN: Exclusionary rule doesn’t apply in civil eviction

The landlord was changing all the locks in an apartment complex for uniformity and warned the tenants. They showed up at defendant’s apartment and knocked, but defendant didn’t answer. They tried unlocking the door but the master key didn’t work. … Continue reading

Posted in Exclusionary rule, Warrant requirement | Comments Off

NJ: Affidavit for SW doesn’t need to be turned over at bail hearing where arrest doesn’t rely on SW under NJ law

When the state is not relying on the product of a search warrant for its arrest warrant, it does not have to disclose the search warrant affidavit under state law at the detention hearing – it can wait until later … Continue reading

Posted in Uncategorized | Comments Off

CA5: Ptf’s civil Franks claim survives QI; def officer omitted material exculpatory evidence that led to ptf’s 15 min aquittal of murder

Plaintiff spent 16 months in jail awaiting trial for murder. He was acquitted in 15 minutes. He sued all the officers. After a prior appeal (Winfrey v. San Jacinto Cty., 481 Fed. Appx. 969 (5th Cir. 2012)), all that remains … Continue reading

Posted in Franks doctrine, Qualified immunity | Comments Off

GA: Affidavit as a whole made nexus with clear inference sought after evidence would be found

The affidavit for the search warrant as a whole made a clear inference that the evidence sought would be in the defendant’s house. The rule adopted by the court of appeals is too broad, but the decision is still affirmed. … Continue reading

Posted in Franks doctrine, Nexus | Comments Off