Daily Archives: March 31, 2018

CA3: Controlled buy moots Franks challenge to CI

The CI’s story was confirmed by two controlled buys. The Franks challenge to the CI fails as to whether it was corroborated or completely immaterial because of the controlled buys. United States v. Carney, 2018 U.S. App. LEXIS 8116 (3d … Continue reading

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CA5: Holding DL doesn’t make request for consent coercive; record unclear on how long dispatch took to get back

Retention of identification documents when asking for consent does not ipso facto make the request coercive. The record is unclear on how long it took for computer checks to be complete, too. United States v. Perales, 2018 U.S. App. LEXIS … Continue reading

Posted in Consent, Prison and jail searches, Strip search | Comments Off on CA5: Holding DL doesn’t make request for consent coercive; record unclear on how long dispatch took to get back

E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading

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TX5: Pre-Jardines dog sniff was apparently valid at the time and wouldn’t be suppressed

Defendant’s home was subjected to a dog sniff a year before Jardines. Relying on that, the trial court suppressed. Because enough Texas cases held similar searches were valid prior to Jardines, the court concludes that the exclusionary rule would not … Continue reading

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IL: SW in murder investigation was general and sought drug evidence without showing PC for it

The search warrant in a murder investigation didn’t incorporate the affidavit in support, and it wasn’t present for the search, so this warrant was too general to support a search. The search warrant was shown to be for a drug … Continue reading

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NJ: Vehicle SW doesn’t sanitize the prior illegal stop or shift the burden to defense

A later issued search warrant doesn’t retroactively justify a stop the defense showed to be without a legal basis. The state carried the burden of proof throughout, and it could not shift the burden to the defense by the issuance … Continue reading

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D.S.D.: Issuance of a state’s prosecutor’s subpoena for an ulterior motive states a claim

A state AG’s subpoena was issued for a prisoner’s medical records, but not in a criminal investigation. Enough cases, especially in this circuit, hold there is a reasonable expectation of privacy in medical records to overcome qualified immunity. In addition, … Continue reading

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