Monthly Archives: December 2018

CA2: 4A IAC claim not to be decided on direct appeal; not ripe

Alleged ineffective assistance claim of government’s obtaining a second DNA sample isn’t going to be considered on direct appeal. Bring it in a 2255. United States v. Lee, 2018 U.S. App. LEXIS 35221 (2d Cir. Dec 14, 2018). The legality … Continue reading

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MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

Massachusetts interprets its state constitution to provide greater protection in the home than the Fourth Amendment. Thus, when the police come to a house without an arrest warrant, they can’t use the likelihood they will create an exigency for an … Continue reading

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TX7: Carpenter applied retroactively where def preserved issue

Defendant raised a Carpenter CSLI issue pretrial, and he prevails. Carpenter held retroactive (despite citing Davis). Dixon v. State, 2018 Tex. App. LEXIS 10340 (Tex. App. – Amarillo Dec. 13, 2018):

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M.D.Pa.: Nexus to def’s apt shown by physical description not necessarily apt no.

There was sufficient connection to defendant’s alleged drug deals and his residence to support the search warrant. “While law enforcement officials could not determine at that time which of the residential units Jones entered, they were subsequently able to make … Continue reading

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S.D.Fla.: Pen register requests that includes subscriber changes overbroad

The pen register request under § 3124(b) is overbroad for the service provider to tell the government about changes in the account. In re Application of the United States, 2018 U.S. Dist. LEXIS 209036 (S.D. Fla. Nov. 29, 2018):

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D.Neb.: Def motion for SW materials denied for time being; ongoing investigation

Where there is a First and Fourth Amendment and common law right to discovery of search warrant materials, Supplemental Rule G also provides for it for forfeiture. Here, however, the government shows in camera that disclosure now would jeopardize an … Continue reading

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E.D.La.: No PC or RS for def’s stop and frisk

Under the totality of circumstances, the officer lacked both probable cause and reasonable suspicion for defendant’s stop. United States v. Muse, 2018 U.S. Dist. LEXIS 209817 (E.D. La. Dec. 12, 2018)*:

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CNS: Suit Over Search on Domestic Delta Flight Advances

CNS: Suit Over Search on Domestic Delta Flight Advances by Josh Russell:

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Today is Bill of Rights Day

227 years ago today the Fourth Amendment became effective, Dec. 15, 1791

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D.Mass.: Coded language on wiretap supported issuance of SW for house; inference of drug dealing was apparent

Evidence from the wiretap in coded language strongly supported the inference that defendant had drugs in his house. United States v. Flynn, 2018 U.S. Dist. LEXIS 209546 (D.Mass. Dec. 12, 2018).* Defendant was outside of his car walking away when … Continue reading

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E.D.Ky.: Immigration questions require RS; here they had it

Immigration status questions require reasonable suspicion. It was lacking at first because they thought at first defendant was somebody else, but the officer quickly concluded the correct facts. Then there was reasonable suspicion. United States v. Hernandez-Hernandez, 2018 U.S. Dist. … Continue reading

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W.D.Mo.: A reasonable but mistaken belief defendant’s car was just involved in a burglary justified its stop

A reasonable but mistaken belief defendant’s car was just involved in a burglary justified its stop. United States v. Morgan, 2018 U.S. Dist. LEXIS 208715 (W.D. Mo. Oct. 31, 2018), adopted, 2018 U.S. Dist. LEXIS 207735 (W.D. Mo. Dec. 10, … Continue reading

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