Daily Archives: October 22, 2018

W.D.Va.: Def counsel’s decision not to pursue a motion to suppress was reasonable and designed to prevent superseding indictment with higher MM

Defense counsel’s decision not to pursue a motion to suppress was reasonable under the circumstances. Defendant was already facing a 60 month minimum. The government made clear that they had additional counts they could bring but wouldn’t if the defense … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off on W.D.Va.: Def counsel’s decision not to pursue a motion to suppress was reasonable and designed to prevent superseding indictment with higher MM

N.D.Ind.: Mixed motive for traffic stop isn’t 4A violation as long as there is objective basis for RS

Defendant’s argument that the police must show only that they had a motive to investigate a traffic offense and not any criminal offenses that they already know about is foreclosed by Whren. A mixed motive is not unconstitutional. United States … Continue reading

Posted in Automobile exception, Pretext | Comments Off on N.D.Ind.: Mixed motive for traffic stop isn’t 4A violation as long as there is objective basis for RS

W.D.Wash.: Govt showed cause to deny return of property until 2255 was over in case of retrial

Motion for return of cell phones is denied. The government intends to keep them pending the outcome of defendant’s 2255 or the running of the statute of limitations, which ever occurs first. That’s sufficient need to deny the motion. United … Continue reading

Posted in Emergency / exigency, Rule 41(g) / Return of property | Comments Off on W.D.Wash.: Govt showed cause to deny return of property until 2255 was over in case of retrial

NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house

The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading

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S.D.Tex.: Immigration stop 56 miles from border was without RS

Defendant’s immigration stop 56 miles from the border was without reasonable suspicion under Brignoni-Ponce. He was alone and stopped and checked his phone and pulled into a car wash. Defendant’s actions were more consistent with innocence than criminal conduct. United … Continue reading

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CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

Posted in Cell phones, Cell site location information, Warrant execution | Comments Off on CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later