Daily Archives: July 17, 2018

CA11: Def’s 4A challenge doesn’t satisfy successor habeas standard; not even habeas standard

“First, Fails argues that his First and Fourteenth Amendment rights were violated when he was arrested because he was never read his Miranda rights and never signed a card waiving those rights. Second, he argues that his Fourth and Fourteenth … Continue reading

Posted in Informant hearsay | Comments Off on CA11: Def’s 4A challenge doesn’t satisfy successor habeas standard; not even habeas standard

CA6: CI’s past reliability supported reliability here

“Here, the totality of the circumstances reveals enough to get the Government over the goal line, though perhaps not with a lot of breathing room. First, O’Bryan was a known informant. That means that O’Bryan “would [have been] subject to … Continue reading

Posted in Informant hearsay | Comments Off on CA6: CI’s past reliability supported reliability here

NY Daily News: A chokehold on justice: The NYPD is right to lose patience with the feds

NY Daily News: A chokehold on justice: The NYPD is right to lose patience with the feds: Four years ago today, Eric Garner tried to raise a few extra dollars by selling individual cigarettes. His day and his life would … Continue reading

Posted in Excessive force | Comments Off on NY Daily News: A chokehold on justice: The NYPD is right to lose patience with the feds

CA1: Franks challenge fails to undermine PC; alternative scenario was “implausible”

Defendant posited much information that was omitted from the affidavit for the search warrant, but that would have created an implausible scenario that didn’t even make sense to the appeals court. “Even if we assume that the challenged statements and … Continue reading

Posted in Franks doctrine | Comments Off on CA1: Franks challenge fails to undermine PC; alternative scenario was “implausible”

E.D.Pa.: Arrest warrant for wrong name still had PC for def, and his arrest was based on PC

Defendant counsel was not ineffective for not pursuing a Fourth Amendment claim that the name in the arrest warrant was included by mistake. Officers told the magistrate as soon as they discovered it. Defendant’s arrest was still on probable cause. … Continue reading

Posted in Arrest or entry on arrest | Comments Off on E.D.Pa.: Arrest warrant for wrong name still had PC for def, and his arrest was based on PC

E.D.Va.: SW for Manafort’s house is upheld

(1) “In sum, the warrant here (i) identified the items to be seized in relation to specific Subject Offenses, (ii) included an illustrative list of records to limit the discretion of executing agents, and (iii) provided a sufficient description of … Continue reading

Posted in Overbreadth, Particularity, Reasonableness, Scope of search | Comments Off on E.D.Va.: SW for Manafort’s house is upheld