Daily Archives: August 1, 2018

CA5: Protective sweep of bedroom def was going in was valid, but rest of house was not

Defendant did not consent to a search for his firearms. The seizure of one from his bedroom was valid because it was justified by officer safety that he was going into the bedroom to get dressed, and officers looked there … Continue reading

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MI: Policy to photograph and fingerprint detainees violated 4A and stated claim against city

The Grand Rapids Police Department has a policy permitting officers to photograph and fingerprint people who are stopped just because they want to. The plaintiffs stated a claim for relief against the city for its policy. Johnson v. Vanderkooi, 2018 … Continue reading

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CA6: SW’s flexibility as to when it could be executed didn’t make it an anticipatory warrant with a triggering condition

The search warrant reasonably provided flexibility as to when it would be executed, but it was not an anticipatory warrant at all. United States v. Huntley, 2018 U.S. App. LEXIS 20956 (6th Cir. July 30, 2018):

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D.Kan.: Appellate counsel’s declining to appeal “including but not limited to” in the search warrant was not IAC

Appellate counsel’s declining to appeal the use of the phrase “including but not limited to” in the search warrant was not unreasonable because, as defendant admits, it does not per se lead to unreasonable searches. United States v. Ransom, 2018 … Continue reading

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D.N.M.: Def lived with his grandfather, and the “presumption of consent” in a familial relationship was apparent to officers

Defendant lived with his grandfather, and the familial relationship is different than that of a co-tenant. The evidence apparent to the officers was that the grandfather had control of the premises, and the grandson slept either in a bedroom or … Continue reading

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OH2: Ptf’s claims decided in criminal case were res judicata to civil case over same search

Res judicata barred plaintiff’s claims against the county for illegal search already decided against him in the criminal case. Cooper v. Montgomery County Sheriff, 2018-Ohio-2965, 2018 Ohio App. LEXIS 3208 (2d Dist. July 27, 2018). “Based on the totality of … Continue reading

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KS: Warning officers about self-incrimination at suppression hearing deterrent enough; no exclusion

Kansas police officers can go outside their jurisdiction when requested to do so. Kansas statute implies an exclusionary remedy. Here, the officers appear to have violated the statute, but the district court warned the officers against self-incrimination at the hearing … Continue reading

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