Daily Archives: March 10, 2018

OH12: Father’s admission of using heroin justified hair follicle testing in custody matter

The juvenile court did not abuse its discretion in ordering hair follicle testing of the father because of his admissions he’d used heroin. Hatfield v. Cornell, 2018-Ohio-798, 2018 Ohio App. LEXIS 840 (12th Dist. Mar. 5, 2018). Defendant’s Franks challenge … Continue reading

Posted in Drug or alcohol testing | Comments Off

Cal.1: Def’s false name was intended to avoid probation search condition; he’s estopped to argue exclusionary rule

“We hold that when a probationer gives a false name to a police officer, and a record check of that name fails to reveal that the probationer is in fact subject to a search condition, the probationer is estopped from … Continue reading

Posted in Exclusionary rule, Probation / Parole search | Comments Off

NY3: Call from DEA to stop def was based on their PC

The officers stopping defendant received a call from the DEA to stop him because he was involved with a place they were searching, having just left with a backpack as the DEA was arriving. The stop was based on their … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off

CA7: No 4A right to see SW before search; therefore, accidentally showing wrong warrant doesn’t violate 4A either

The Fourth Amendment does not require the search warrant be presented to the person whose premises were to be searched before it occurred. Thus, accidently presenting the wrong search warrant at the time of the search doesn’t constitutionally matter. Also, … Continue reading

Posted in Warrant execution | Comments Off