Daily Archives: December 7, 2018

D.D.C.: Def’s 4A IAC claim fails because he can’t show he’d prevail on merits of search

Defendant can’t show that his Fourth Amendment claim would have succeeded on the seizure of evidence from a car for IAC purposes. “Here, Miller, having focused almost exclusively on standing to the exclusion of the remainder of his burden, cannot … Continue reading

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LA: False statement in affidavit passed from another officer was harmless on PC question

The statement the officer used in the affidavit came from another officer. At worst it was negligent and not an intentional misrepresentation. No matter what, however, it doesn’t undermine the probable cause, so the motion was properly denied. State v. … Continue reading

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MN: Drunk sleeping man who’d just threatened woman with gun could be frisked for weapon under emergency exception, but not Terry

Defendant was drunk in a house allegedly threatening a woman and her infant child with a gun. He passed out. She called the police. The police entered, and defendant was asleep on the couch. They patted him down for a … Continue reading

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N.D.Ga.: Bank robbery suspect who fled car after PIT maneuver stopped it abandoned it

“After looking at the collective knowledge of law enforcement at the time of the arrest—which includes four eyewitness identifications, one voice identification, and a tip from the defendant’s own girlfriend turning him in for the People’s Bank robbery—the court finds … Continue reading

Posted in Abandonment | Comments Off on N.D.Ga.: Bank robbery suspect who fled car after PIT maneuver stopped it abandoned it

NY1: Tossing backpack from car is waiver of REP

Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. … Continue reading

Posted in Abandonment, Body searches, Drug or alcohol testing | Comments Off on NY1: Tossing backpack from car is waiver of REP