Daily Archives: August 16, 2018

N.D.Iowa: Inventory appears only a pretext for criminal search

Officer’s failure to follow inventory policy here created the strong inference the inventory was really a pretext for a criminal search, and the inventory is suppressed. United States v. Davis, 2018 U.S. Dist. LEXIS 137083 (N.D. Iowa Aug. 14, 2018) … Continue reading

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msn.com: Chicago cops pointed guns at children while raiding the wrong address, lawsuit says

msn.com: Chicago cops pointed guns at children while raiding the wrong address, lawsuit says by Tony Briscoe:

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OH2: Officer’s good faith mistake, if it was one, that def possessed a concealed weapon (a long sword), bars application of the exclusionary rule [court erroneously shifts burden]

Police got a call about a man wielding a sword, and they stopped defendant. There was probable cause for him possessing a concealed long sword [how?]. Even if the officer was wrong, it wasn’t really wrong. “Short contends that Officer … Continue reading

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OH11: Not objecting to police officer following def into hotel room to retrieve paperwork was implied consent

Police came to defendant’s motel room door and knocked without saying who they were. They asked about a stolen truck defendant had, and he turned and went in to get paperwork, and the officer followed him. Defendant never objected to … Continue reading

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CA7: CI was a co-conspirator, and corroboration was required

This § 1983 case over a state court search warrant and search essentially seeks to relitigate in federal court the issuance of the warrant, which is not the prerogative of a federal court. Instead, the court finds corroboration of the … Continue reading

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