Daily Archives: May 5, 2018

Because Facebook makes people dumb:

Defendant was linked to a carjacking. A search of his cell phone showed a video of him posted live to Facebook of him driving the victim’s car, wearing the victim’s watch, and counting the victim’s Cuban money. The video was … Continue reading

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AR: The right to counsel applies at suppression hearings

The right to counsel applies at suppression hearings. Defendant’s attempted waiver was ineffective. Shabazz v. State, 2018 Ark. App. 281, 2018 Ark. App. LEXIS 298 (May 2, 2018). The officer writing the affidavit misstated the evidence that another officer smelled … Continue reading

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NY: Partially inaccurate statement as to admissibility at trial of refusal of BAC test required suppression

“In sum, because the warnings given to defendant were at least partially inaccurate — i.e., as to the admissibility at trial of his refusal to submit to testing — the courts below properly suppressed the results of the breathalyzer test … Continue reading

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OH4: Officers were admitted into a private gambling room in a private club by consent

The defendant business was a private club running a gambling operation in a private room in the back. Officers were able to get in without misrepresenting their identity. The entry was by consent. State v. Sky Lake, 2018-Ohio-1707, 2018 Ohio … Continue reading

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DE: Search of jail cell seizing legal materials violated 6A; dismissal of indictment required

The search of defendant’s prison cell seizing his legal materials without judicial approval violated his Sixth Amendment rights, not his Fourth Amendment rights. The lead prosecutor in his case reviewed the legal materials. The state should have used a taint … Continue reading

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W.D.N.C.: Being parked in the middle of the road with the engine running is RS

“In this case, the evidence is clear that Officer Paxton observed a Mercedes Benz parked in the middle of the road with its engine running and lights on. After his initial approach to the car, he discovered that both the … Continue reading

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E.D.Wis.: Showing of nexus was not bare bones; it was a reasonable inference on totality

The showing of nexus was thin, but not bare bones, and it was reasonable to infer that evidence of three robberies would be found where he was staying with his girlfriend. There clearly was probable cause to arrest him in … Continue reading

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