Monthly Archives: February 2019

CA6: Ptf states claim that opening wallet during protective search violated 4A

There were disputed issues of material fact to the arrestee’s claims, including whether the officers exceeded the scope of a lawful protective search by removing the arrestee’s wallet from his pants. King v. United States, 2019 U.S. App. LEXIS 5438 … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off on CA6: Ptf states claim that opening wallet during protective search violated 4A

CA6: Consent to search is a non-testimonial act not implicating 5A

“The district court did not plainly err in admitting evidence seized from Rouch’s cell phone because giving consent to a search is a non-testimonial act that does not implicate a defendant’s Fifth Amendment rights. See United States v. Calvetti, 836 … Continue reading

Posted in Consent | Comments Off on CA6: Consent to search is a non-testimonial act not implicating 5A

TN: Misdescription but with correct address of mobile home in SW cured by officer familiar with house being there for search

“Both Detective Norwood, who prepared the affidavit and executed the search warrant, and Investigator Mason, who participated in the execution of the search warrant, were familiar with the location of the mobile home park, and Investigator Mason knew specifically where … Continue reading

Posted in Particularity | Comments Off on TN: Misdescription but with correct address of mobile home in SW cured by officer familiar with house being there for search

AZ: Police relying on binding appellate precedent was subject to GFE

Police following state appellate precedent at the time of defendant’s blood test, later changed, was subject to the good faith exception. State v. Weakland, 2019 Ariz. LEXIS 56 (Feb. 25, 2019). Defendant filed what’s treated as a successor 2255 over … Continue reading

Posted in Drug or alcohol testing, Good faith exception | Comments Off on AZ: Police relying on binding appellate precedent was subject to GFE

N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

Defendants were charged in a dietary supplement mislabeling conspiracy. On the claim of overseizure, the warrant specified “angeline” but the court concludes anything related to it was seizable as well without violating particularity. Two defendants were given standing to challenge … Continue reading

Posted in Computer searches, Overseizure, Particularity, Standing | Comments Off on N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

D.S.D.: SW affidavit merely referred to but not fully incorporated satisfied GFE on particularity

For the good faith exception to apply, it is only necessary that the affidavit be referred to in the warrant to save the warrant from a failure of particularity; it doesn’t need to be completely incorporated by reference. United States … Continue reading

Posted in Good faith exception, Particularity | Comments Off on D.S.D.: SW affidavit merely referred to but not fully incorporated satisfied GFE on particularity

WaPo: Internal memo suggests Little Rock police serve every search warrant with a SWAT team

WaPo: Internal memo suggests Little Rock police serve every search warrant with a SWAT team by Radley Balko: “It is a mandate from the Office of the Chief of Police that the SWAT team execute all search warrants.”

Posted in Warrant execution | Comments Off on WaPo: Internal memo suggests Little Rock police serve every search warrant with a SWAT team

Above the Law: The Constitution Demands A Stronger Check On Government Raids Against Civilians

Above the Law: The Constitution Demands A Stronger Check On Government Raids Against Civilians by Tyler Broker: Despite decreasing crime across the country, the success of alternatives, and widespread criticism, the business of government raids is booming.

Posted in Warrant execution | Comments Off on Above the Law: The Constitution Demands A Stronger Check On Government Raids Against Civilians

M.D.Tenn.: Getting new evidence, def succeeds in a Franks challenge after initial denial of his motion to suppress

On a motion to reconsider denial of a suppression motion with new evidence, defendant succeeds on a Franks challenge. [The court initially had concerns about officer credibility, and this cinches it.] United States v. Anderson, 2019 U.S. Dist. LEXIS 29539 … Continue reading

Posted in Franks doctrine | Comments Off on M.D.Tenn.: Getting new evidence, def succeeds in a Franks challenge after initial denial of his motion to suppress

OH8: Plain view of hit and run vehicle in driveway justified officers’ entry onto curtilage

Defendant raises his search claim via an ineffective assistance of counsel claim: defense counsel should have suppressed the plain view of his vehicle in his driveway partly covered by a blanket. Officers responded to an anonymous tip that defendant’s SUV … Continue reading

Posted in Curtilage | Comments Off on OH8: Plain view of hit and run vehicle in driveway justified officers’ entry onto curtilage

TN: CI’s drug information about def’s house “within previous 72 hours” not stale

A CI who’d been in defendant’s house reported that defendant had a quantity of marijuana for sale, and it was reported by the officer in the affidavit to have been within the previous 72 hours. Probable cause was shown for … Continue reading

Posted in Probable cause, Staleness | Comments Off on TN: CI’s drug information about def’s house “within previous 72 hours” not stale

E.D.Tenn.: Confronting possible trespassers in a house and asking for IDs was reasonable

The officer here confronted trespassers which he suspected might be squatters and drug users. “The Court finds that the officer’s questions and actions were reasonably related to learning the identities of the people on the property, learning whether they were … Continue reading

Posted in Forfeiture, Reasonable suspicion | Comments Off on E.D.Tenn.: Confronting possible trespassers in a house and asking for IDs was reasonable