Daily Archives: February 24, 2018

NM: Assuming stop was unconstitutional, def’s giving a false name purged the taint

Surveying the law nationwide, the court concludes that defendant’s giving a false name purged the taint of his unreasonable stop under both the Fourth Amendment and the state constitution. The court declines the invitation to distinguish between violent and non-violent … Continue reading

Posted in Attenuation | Comments Off

VA: ABC employee firing for excessive administrative search affirmed

Appellant was a agent of the Virginia ABC who conducted an unreasonable and excessive warrantless search of a licensee’s premises, and he was fired for abuse of authority. He appealed through the state grievance procedure claiming the search was legal, … Continue reading

Posted in Administrative search, Ineffective assistance | Comments Off

LA5: Hearsay on driver’s consent admissible at suppression hearing

The trial court found the stop was reasonable for shooting from a car and driver consented based on the testimony of the stopping officer. Defendant’s claim that the driver’s consent was hearsay and inadmissible was rejected. All other exceptions for … Continue reading

Posted in Cell phones, Suppression hearings | Comments Off

GA: Nexus shown where def left house and drove directly to controlled buy

Deleting the detective’s false statement from the affidavit that he had seen a black male with short dreadlocks in an SUV, the affidavit nonetheless provided probable cause to issue the warrant based on a controlled buy from defendant. The remainder … Continue reading

Posted in Franks doctrine, Nexus, Prison and jail searches | Comments Off

S.D.W.Va.: Post-conviction allegation of inadequate cross examination at suppression hearing didn’t state a sufficient claim

Defendant’s 2255 claim that defense counsel didn’t sufficiently cross-examine the government’s witnesses in the suppression hearing didn’t allege ineffective assistance of counsel. Also, defendant didn’t appeal the denial of the suppression motion and pled guilty instead. Thorne v. United States, … Continue reading

Posted in Ineffective assistance | Comments Off

KS: Waiting to run criminal history check unreasonably extended stop; drug dog used during that time

The stop was unreasonably extended by waiting several minutes to run a criminal history which was not for safety reasons. While the criminal history check was being run, a drug dog was run around the car. The exclusionary rule applies … Continue reading

Posted in Exclusionary rule, Reasonable suspicion, Reasonableness | Comments Off

Volokh Conspiracy: Final Pre-Argument Thoughts on the Microsoft Case

Volokh Conspiracy: Final Pre-Argument Thoughts on the Microsoft Case by Orin Kerr: Three thoughts about the briefing in the case ahead of Tuesday’s oral argument.

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15th anniversary of this blog; 257th anniversary of Otis’ argument in Paxton’s Case

Today is the 15th anniversary of this blog. Today is also the 257th anniversary of James Otis’ 1761 argument at the Boston Old State House against the writs of assistance in Paxton’s Case. Transcripts of the argument are here. (It … Continue reading

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Criminal defense lawyers as privacy advocates

Being a criminal defense lawyer is a great privilege and an opportunity. It was obvious to me early in law school 48 years ago that the law of American privacy is made by criminal defense lawyers raising and litigating issues. … Continue reading

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