Monthly Archives: June 2018

DE: Facebook messages def was reselling MMJ was part of the PC

A medical marijuana provider told police that it appeared that defendant was reselling that which she acquired legally. They messaged her through Facebook as a potential buyer, and she essentially admitted it. The search warrant was issued on probable cause … Continue reading

Posted in Plain view, feel, smell | Comments Off on DE: Facebook messages def was reselling MMJ was part of the PC

D.Mass.: USMJ’s spouse’s employment as a doctor at a related institution that was a victim doesn’t make her not neutral and detached when she signs SW

The USMJ here was still neutral and detached. The victim of the crime was a non-profit associated with Harvard. Her husband worked as a doctor for hospital associated with Harvard. That wasn’t a close enough relationship to require recusal. United … Continue reading

Posted in Abandonment, Neutral and detached magistrate | Comments Off on D.Mass.: USMJ’s spouse’s employment as a doctor at a related institution that was a victim doesn’t make her not neutral and detached when she signs SW

N.D.Cal.: Def’s parole search on erroneous dispatch report def was on parole means no exclusion under Herring

Defendant was stopped for a traffic offense, and dispatch said he was on parole which meant he was subject to search. He wasn’t on parole, but the officer’s good faith reliance on the dispatch report under Herring means no suppression. … Continue reading

Posted in Exclusionary rule, Probation / Parole search | Comments Off on N.D.Cal.: Def’s parole search on erroneous dispatch report def was on parole means no exclusion under Herring

TN: Not IAC to strategically forgo motion to suppress rather than lose plea offer

Defense counsel didn’t provide ineffective assistance of counsel where he didn’t file a motion to suppress because the prosecutor would withdraw the plea offer, and he concluded it wouldn’t be worth the risk. Wilson v. State, 2018 Tenn. Crim. App. … Continue reading

Posted in Consent, Ineffective assistance | Comments Off on TN: Not IAC to strategically forgo motion to suppress rather than lose plea offer

OH3: Def counsel not ineffective for strategy not to challenge car search to distance him from the drugs for trial

Defense counsel was not ineffective for not filing a motion to suppress because he would have to admit he owned or possessed the car for standing, and that was contrary to his defense that it wasn’t his drugs. State v. … Continue reading

Posted in Uncategorized | Comments Off on OH3: Def counsel not ineffective for strategy not to challenge car search to distance him from the drugs for trial

FL2: Using an antennae to steal wifi that the police traced back didn’t violate a REP

Police obtained information that child pornography was downloaded via an IP address. They searched the computers there, finding none. They investigated further and found defendant was a neighbor who was using a Yagi antennae to obtain radio access to the … Continue reading

Posted in Reasonable expectation of privacy | Comments Off on FL2: Using an antennae to steal wifi that the police traced back didn’t violate a REP

CA2: A material witness seized and never presented to a judge stated a claim; and no QI

Plaintiff was held without a hearing as an alleged material witness, but never presented to a court. The district court granted qualified immunity, and the court of appeals reversed. Her rights were clearly established that she was entitled to be … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Qualified immunity | Comments Off on CA2: A material witness seized and never presented to a judge stated a claim; and no QI

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States, 2018 U.S. LEXIS 3844 (U.S. June 22, 2018) (5-4). Gorsuch “dissents,” but it reads like a concurrence, which parallels his questions at oral argument, and he agrees with Justice … Continue reading

Posted in Cell site location information, Third Party Doctrine | Comments Off on SCOTUS rejects warrantless cellphone location tracking in Carpenter v. United States

OR: Guest standing is functional to the relationship to the residence and here didn’t cover under the back steps

Guest standing has a functional element. Defendant was a guest in the home of another and their relationship was founded on drugs. While defendant would have standing in the home, he didn’t under the back steps, where, incidentally, he’d been … Continue reading

Posted in Standing, State constitution | Comments Off on OR: Guest standing is functional to the relationship to the residence and here didn’t cover under the back steps

CA3: No REP from police being in a hotel hallway and then having RS for a frisk

The odor of marijuana coming from defendant’s hotel room was reasonable suspicion for his later stop and frisk in the hallway. “Appellant’s brief could also be read to assert that the police lacked reasonable suspicion to patrol the motel hallway. … Continue reading

Posted in Prison and jail searches, Reasonable expectation of privacy, Stop and frisk | Comments Off on CA3: No REP from police being in a hotel hallway and then having RS for a frisk

DC (en banc): Way off topic but important: Possibility of deportation makes a “petty” offense “serious” and requires a jury trial

Bado v. United States, 2018 D.C. App. LEXIS 258 (June 21, 2018) (en banc):

Posted in Uncategorized | Comments Off on DC (en banc): Way off topic but important: Possibility of deportation makes a “petty” offense “serious” and requires a jury trial

D.D.C.: Manafort DC search valid: The person on the lease of a storage unit and with the keys had [apparent] authority to consent

The search of Paul Manafort’s storage unit was with the consent of the person on the lease and did not violate the Fourth Amendment. It was reasonable for the FBI to believe that the person with the keys had the … Continue reading

Posted in Apparent authority, Consent | Comments Off on D.D.C.: Manafort DC search valid: The person on the lease of a storage unit and with the keys had [apparent] authority to consent