Daily Archives: February 11, 2018

D.Idaho: Movant failed to show govt had “callous regard” of rights for early return of property seized

The DEA seized unapproved pain relief products by a search warrant, and the company from which it was seized moved for return of the property. The court finds company hasn’t satisfied the requirements for equitable jurisdiction for return of property … Continue reading

Posted in Rule 41(g) / Return of property | Comments Off

E.D.N.Y.: The exclusionary doesn’t apply at sentencing

The exclusionary doesn’t apply at sentencing. United States v. Carrillo, 2018 U.S. Dist. LEXIS 21731 (E.D. N.Y. Feb. 9, 2018):

Posted in Exclusionary rule | Comments Off

C.D.Cal.: Strong air freshener isn’t RS to extend a stop

“The Domestic Highway Enforcement Team of the Los Angeles Sheriff’s Department is a special criminal investigation team employed to patrol Los Angeles County highways in search of criminal activity carried on in vehicles traveling on those highways. The team’s purpose … Continue reading

Posted in Reasonable suspicion | Comments Off

E.D.N.C.: The parole search here violated the state parole search authorization and is suppressed

Defendant was subject to a state parole search condition that required reasonable suspicion and is also governed by Griffin’s special needs exception. “the language in a parole search condition is an important factor to consider when assessing the reasonableness of … Continue reading

Posted in Probation / Parole search | Comments Off

D.D.C.: It doesn’t violate Franks to fail to mention a Miranda violation to gain def’s admissions (no violatIon either)

Officers had probable cause for a warrantless arrest of defendant for child pornography. “But Mr. Lieu argues that the names ‘Dave’ and ‘John’ are relatively common names and that the clothing description is too general to support the connection that … Continue reading

Posted in DNA, Franks doctrine | Comments Off

E.D.Mich.: There was nexus for SW to def’s address from present and observed activities there

“In light of the above, there is a sufficient nexus between defendant and the Bunert address such that it was more likely than not that evidence of drug activity would be at the residence. Defendant was seen at Bunert both … Continue reading

Posted in Nexus | Comments Off

CA8: Ptf couldn’t overcome QI on his facts of consent

After a search warrant was executed with a flash bang device, a St. Louis building inspector came and got consent from the occupant to conduct a search. The building inspector was entitled to qualified immunity because they can’t show their … Continue reading

Posted in Consent, Qualified immunity | Comments Off