Daily Archives: January 13, 2019

D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS … Continue reading

Posted in Independent source, Search incident | Comments Off on D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

CT: When challenging a SW affidavit’s PC, it needs to be in the record for appellate review

“The record was inadequate to review the defendant’s unpreserved claim that the search warrant for M’s cell phone records and the warrant for his arrest were obtained without probable cause because the police included false information in the affidavits in … Continue reading

Posted in Suppression hearings | Comments Off on CT: When challenging a SW affidavit’s PC, it needs to be in the record for appellate review

S.D.Ga.: Def was a day visitor, and it was tenuous at best he had standing; once he left, he sure didn’t

“As an initial matter, it is not clear that Lang even has standing to challenge the warrant. Lang testified (against the advice of counsel) that he was merely a temporary guest in his girlfriend’s mother’s residence, there to help ‘clean … Continue reading

Posted in Standing | Comments Off on S.D.Ga.: Def was a day visitor, and it was tenuous at best he had standing; once he left, he sure didn’t