Daily Archives: December 22, 2018

San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’

San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’. The case: CA9: School resource officer’s arrest of alleged bullying middle school girls ‘to prove a point’ and ‘make [them] … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest | Comments Off on San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’

ID: Def counsel’s refusal to say officers attempted to mislead the issuing magistrate was fatal to Franks claim

Defendant entered the Pocatello federal courthouse with a backpack. The x-ray scanner revealed a meth pipe, and the local police were called. After police searched the backpack and found meth, they went to defendant’s pickup truck, placed the backpack in … Continue reading

Posted in Franks doctrine | Comments Off on ID: Def counsel’s refusal to say officers attempted to mislead the issuing magistrate was fatal to Franks claim

D.Minn.: This wasn’t a case of guilt by association for being near a drug dealer; officers reasonably believed drug deal occurred

This was not a case of mere propinquity to a drug dealer causing defendant’s frisk. Based on the officer’s training and experience, the officers could fairly conclude that there was a drug deal going on and not just a casual … Continue reading

Posted in Reasonable suspicion | Comments Off on D.Minn.: This wasn’t a case of guilt by association for being near a drug dealer; officers reasonably believed drug deal occurred

IA: Def answered door in underwear with apparent semen stains; police there with SW for sex abuse with minors

Defendant was under investigation for sexual abuse of minors. “[T]he police went to Heggebo’s house to execute a search warrant. Heggebo answered the door wearing only shorts. The police seized Heggebo’s shorts because the shorts had apparent semen stains on … Continue reading

Posted in Cell site location information, Good faith exception, Plain view, feel, smell | Comments Off on IA: Def answered door in underwear with apparent semen stains; police there with SW for sex abuse with minors

IL: Fatal accident alone not PC for blood draw; no exigency argued either

Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, Plain view, feel, smell | Comments Off on IL: Fatal accident alone not PC for blood draw; no exigency argued either