Daily Archives: July 29, 2018

WaPo: ‘The Watch’ Blog: Mississippi cops went to the wrong house and killed an innocent man. A grand jury just refused to indict them.

WaPo: ‘The Watch’ Blog: Mississippi cops went to the wrong house and killed an innocent man. A grand jury just refused to indict them. by Radley Balko: After just over a year, we finally have some news about the death … Continue reading

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CA8: SW for search of def’s person wasn’t particular, but there was a reference to the affidavit; GFE applies

The search warrant to search defendant’s person for things wasn’t particular, but the good faith exception applies. It referred to the affidavit which wasn’t present, but they remembered it. The search warrant wasn’t so deficient that it could not be … Continue reading

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CA4: Def in rental car preserved standing issue; remanded for application of Byrd

Defendant was in a rental car, and he moved to suppress. He was denied standing under existing case law, but that was abrogated in Byrd. SCOTUS GVR’ed. Remanded for application of Byrd and whatever else. United States v. Houston, 2018 … Continue reading

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CO: Person arrested at MJ grow but not charged can get his seized property back

An uncharged person originally arrested at an alleged illegal marijuana grow has standing to recover his own property seized from him. Boudette v. State, 2018 COA 109, 2018 Colo. App. LEXIS 1036 (July 26, 2018). Defendant’s bicycle rack on the … Continue reading

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N.D.Iowa: Reasonable mistaken identity justified stop

Defendant’s stop was based on reasonable suspicion he was in the country illegally, but it was a case of mistaken identity. “Defendant was observed emerging from the vicinity of the target’s residence. Defendant closely resembled the target. Any discrepancy between … Continue reading

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VI: Officer’s use of “legal buzz words” with “rote and mechanical” testimony and then memory failures leads trial court to conclude he’s not credible

The officer’s use of “legal buzz words” with “rote and mechanical” testimony and then memory failures leads trial court to conclude he’s not credible. People v. Stevens, 2018 V.I. LEXIS 70 (Super. Ct. July 26, 2018):

Posted in Burden of proof | Comments Off on VI: Officer’s use of “legal buzz words” with “rote and mechanical” testimony and then memory failures leads trial court to conclude he’s not credible

CA11: “The record shows” without showing it is not a Franks “substantial preliminary showing”

Defendant failed to make an offer of proof as required by Franks. Merely saying “the record shows” or something like that without more is not a “substantial preliminary showing.” United States v. Ward, 2018 U.S. App. LEXIS 20674 (11th Cir. … Continue reading

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ME: Def was about to go into surgery after suspected DWI and accident; warrantless blood draw was with exigency and PC

Defendant was in a serious accident, and he was about to go into surgery. The blood draw at the request of the police was with exigent circumstances and probable cause. State v. Palmer, 2018 ME 108, 2018 Me. LEXIS 111 … Continue reading

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OR: Late night stop of apparently intoxicated driver permits officer to ask about weapons

During a stop for suspected DUI late at night, the officer can legitimately ask the defendant whether he is armed. State v. Miller, 363 Ore. 374, 2018 Ore. LEXIS 602 (July 26, 2018):

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