Daily Archives: March 1, 2018

LA2: Hearsay admissible in suppression hearings; here it was officer’s preliminary hearing testimony which showed exigency

Hearsay is admissible in a suppression hearing. The parties agreed here that the officer’s testimony at the preliminary hearing would be the basis for the suppression hearing, and it shows exigent circumstances for the entry into defendant’s home. State v. … Continue reading

Posted in Ineffective assistance, Suppression hearings | Comments Off

CA8: The challenge to RS isn’t piece by piece; RS on totality

The police surveilled defendant’s garage where he was alleged to sell meth from his home in the early morning or at night when he was home. The totality of circumstances add up to reasonable suspicion, and defendant’s challenge was to … Continue reading

Posted in Pretext, Protective sweep, Reasonable suspicion | Comments Off

CA10: The GFE question is “whether the affidavit is so facially deficient that reliance on a warrant issued in response to that affidavit cannot have been in good faith”

The question is not just probable cause; it’s whether it was reasonable for the officer to rely on a warrant that is not facially deficient. United States v. Knox, 2018 U.S. App. LEXIS 4791 (10th Cir. Feb. 27, 2018):

Posted in Good faith exception | Comments Off

E.D.Mo.: No joint venture shown with Philippines LEOs in seizure of def’s suitcase there

The search in the Philippines was not a joint venture with the United States, so the exclusionary rule doesn’t apply to it. “There is no evidence that the FBI was aware that items from Defendant’s home were in the suitcase. … Continue reading

Posted in Foreign searches, Particularity | Comments Off