Daily Archives: December 29, 2018

OH5: Separate federal SW against def didn’t warrant new trial; all too speculative

As defendant’s prosecution in this state case was proceeding to trial, a federal search warrant was also issued in a spinoff investigation. After conviction, a motion for new trial was filed based on alleged newly discovered evidence from the federal … Continue reading

Posted in Arrest or entry on arrest | Comments Off on OH5: Separate federal SW against def didn’t warrant new trial; all too speculative

D.S.C.: CI not sufficiently corroborated for PC for a vehicle search

Defendant was stopped for an alleged window tint violation, but the officer also relied on information from a CI from days before the stop that he thought was probable cause. The government had a dog sniff during the stop, but … Continue reading

Posted in Informant hearsay, Probable cause | Comments Off on D.S.C.: CI not sufficiently corroborated for PC for a vehicle search

W.D.Ky.: No showing of ownership for standing; wiretap talking about being able to give clear title wasn’t sufficient

Defendant has no standing in another person’s vehicle. He provided no affidavit of ownership, and he relies solely on a wiretap where he talked about it being his and he would provide clear title to it. “Standing is based on … Continue reading

Posted in Standing | Comments Off on W.D.Ky.: No showing of ownership for standing; wiretap talking about being able to give clear title wasn’t sufficient

Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle

Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle by Tim Cushing: When all you have is a war hammer, everything looks like a war. That’s how Wisconsin law … Continue reading

Posted in Warrant execution | Comments Off on Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle