Daily Archives: February 14, 2018

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

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

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

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

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

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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

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

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

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

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

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