Monthly Archives: October 2018

CA9: Using ruse to gain entry for civil investigation and surreptitious video recording was a “search,” but QI applies

The use of a ruse to get consent to enter plaintiff’s house to conduct a civil fraud investigation violated the Fourth Amendment. The surreptitious use of a video recorder was a “search.” However, it was not clearly established at the … Continue reading

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D.Minn.: Res judicata doesn’t bar relitigating motion to suppress within same proceeding

A ruling on a motion to suppress during the proceedings is subject to change. It is not governed by res judicata because it isn’t final. United States v. Baez, 2018 U.S. Dist. LEXIS 184017 (D. Minn. Aug. 30, 2018), adopted, … Continue reading

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OH5: To prove GFE doesn’t apply, the defense has to show bad faith [never mind that the burden is on the govt in GFE]

Officers could conduct a protective sweep when executing a search warrant. “In the case at hand, there was no testimony regarding bad faith on part of the officers who searched the residence where Appellant was hiding.” State v. Davis, 2018-Ohio-4368, … Continue reading

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PA: There was no PC for entry on a two-month-old capias

Defendant was arrested as a result of an entry on a capias for a domestic relations “violation.” The warrant was two months getting served, and there was no inquiry into whether defendant was residing at the home of a friend … Continue reading

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D.Mass.: The govt had burden on exigency and it failed

The government failed to prove that exigency justified its warrantless entry. United States v. Caballero, 2018 U.S. Dist. LEXIS 182505 (D. Mass. Oct. 24, 2018)*:

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OH2: As to motel room registered guest, entry permitted by arrest warrant under Payton

If the person being sought is a registered guest in a motel room, Payton permits entry on an arrest warrant. If a guest, then a search warrant is required under Steagald. His car outside the room gave reason to believe … Continue reading

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Fortune: Harvard Law Just Released 6.5 Million Court Decisions Online

Fortune: Harvard Law Just Released 6.5 Million Court Decisions Online by Jeff John Roberts: In a significant milestone for public access to the law, the Library Innovation Lab at Harvard Law School on Monday published more than 40 million pages … Continue reading

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CA6: Def’s returning home right after heroin sale provides nexus to house

There was probable cause for the search warrant and the good faith exception applies. After a heroin sale, defendant returned right to his home. It was reasonable to infer there would be evidence of the crime originating or brought back … Continue reading

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W.D.N.Y.: Controlled buys corroborate CI

The CI wasn’t supported by past history, but was by controlled buys. United States v. Williams, 2018 U.S. Dist. LEXIS 180895 (W.D. N.Y. Oct. 23, 2018). “Finally, the affidavit articulated a reasonable nexus between the place to be searched (the … Continue reading

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FL2: Calling the DA to see about whether a SW was needed is not actively seeking a warrant for inevitable discovery purposes

The trial court erred in applying the inevitable discovery doctrine. The officer had probable cause to conduct the search of defendant’s laptop, but this was insufficient to justify the detective’s failure to obtain a warrant to search it. His call … Continue reading

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D.Kan.: After a Franks hearing, PC exists despite omitted information

Defendant was under investigation for threatening to use a weapon of mass destruction. After the search, police found child pornography, too. He filed a Franks motion about omitted information and got a hearing. The court finds probable cause and no … Continue reading

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CA11: Rule 60 motion on old 2255 rejected for res judicata: the SW issues were litigated in 2010

Defendant filed a FRCP 60 motion to alter the judgment in his 2255 where he’d already lost in 2010 on various issues, including a search issue. The judgment is summarily affirmed as res judicata. United States v. Dortch, 2018 U.S. … Continue reading

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