Monthly Archives: August 2018

WA: 20 days not too long for staleness in a theft case

In a theft case, 20 days between the theft of someone’s personal belongings and a search warrant for defendant’s house was not too stale. “Yet not too much time had passed to raise staleness concerns.” State v. Barboza-Cortes, 2018 Wash. … Continue reading

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OH5: Warrantless fire scene search after fire out, power off, and property secured was unreasonable

During a fire in a house, a grow operation was seen and reported to the police. By the time the police came in, the fire was out, the power was off, and the property was secure. The warrantless fire scene … Continue reading

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CA8: Gratuitously drawing weapons after initial stop was unreasonable

The initial drawing of weapons at the beginning of a stop was not unreasonable under all the facts. Doing it again gratuitously without apparent justification was unreasonable. Wilson v. Lamp, 2018 U.S. App. LEXIS 24386 (8th Cir. Aug. 28, 2018). … Continue reading

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OH3: Arrest warrant issued without required sworn narrative was executed by other officers in good faith so no suppression

The arrest warrant didn’t have a sworn narrative because it wasn’t signed. The warrant was issued and entered into the state database. Officers executing the arrest warrant acted in good faith, and the arrest would not be suppressed. State v. … Continue reading

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MS: Victim’s claim she was raped at def’s house justifies SW for it

A rape victim’s claim that defendant took her to his house and raped her then took her to school was probable cause for a search warrant for the house. Whittaker v. State, 2018 Miss. App. LEXIS 409 (Aug. 28, 2018). … Continue reading

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D.Minn.: Ptf was a bombing victim seeking return of property under equitable jurisdiction; 3 of 4 factors weigh against her, so denied

Plaintiff was a bombing victim and property was taken from her by consent. She wanted some of it back and brought an action under equitable jurisdiction for return of the property. “A district court’s exercise of equitable jurisdiction over a … Continue reading

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GA: Police entry here was not by consent but by acquiescence to claim of authority

“The grandmother merely acquiesced to the authority of the officers, as the record reflected that, after the child was pronounced dead, numerous members of law enforcement responded to the residence in order to investigate the death of the child without … Continue reading

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OH5: Ptf stated claim for invasion of privacy that private drug tester had to observe genitalia

Plaintiff stated a claim for invasion of privacy that a private drug tester had to observe their genitals in a drug test. Lunsford v. Sterilite of Ohio, 2018-Ohio-3437, 2018 Ohio App. LEXIS 3725 (5th Dist. Aug. 27, 2018). “Failure to … Continue reading

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GA: Trial court failed to consider state’s alternative ground to sustain search; remanded

Defendant filed a motion to suppress and that put the state on notice that it had to prove the ordinance under which it prosecutes. The state failed to prove it up, but its backup argument was that the officer relied … Continue reading

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D.Minn.: USMJ who issues SW doesn’t have to recuse from deciding motion to suppress

The USMJ who issued the search warrant doesn’t need to recuse from deciding on a motion to suppress that warrant. “The Court also concludes that Strieff controls the analysis of Defendant’s challenge to his stop in Rock Island, Illinois. In … Continue reading

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E.D.La.: The statements in the affidavit were exaggerations rather than outright falsehoods, but PC was there on the totality

“To the extent that the statements identified by Defendant are inaccurate, most are exaggerations of the truth. While the Government, and this Court, lament that the affidavit was written in terms of absolutes, the removal of the statements identified by … Continue reading

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M.D.La.: The govt alleged the house was abandoned, and def had the burden to prove standing and failed

“The parties’ briefing and the testimony at the hearing further suggest that the house was abandoned and that any search occurred away from Defendant’s ‘residence of record’ or an ‘additional residence on Osceola Street.’ … Contrary to a suggestion in … Continue reading

Posted in Abandonment, Franks doctrine | Comments Off on M.D.La.: The govt alleged the house was abandoned, and def had the burden to prove standing and failed