Daily Archives: February 28, 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

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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

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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

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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

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