Daily Archives: March 11, 2019

DE: State’s expert testimony on effect of CSLI satisfied Daubert and admissible

Defendant’s geolocation information was obtained by search warrant to attempt to place his cell phone at or near the scene of a murder. The court finds that the information provided satisfies Daubert and will be admissible at trial. State v. … Continue reading

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S.D.Ohio: Householder here consented to police entry to search for def

The householder here consented by his actions to police entry to search for defendant. “Regardless of who is deemed more credible, Marshall admits that, after he told the officers that OJ was not there, he unlocked the screen door and … Continue reading

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D.Utah: Def’s suspicionless parole search was valid under Samson

Defendant signed a parole agreement that he was subject to warrantless and suspicionless searches under Utah law. His parole condition wasn’t unconstitutional under Samson, and it doesn’t matter that law enforcement officers were along. Miranda v. United States, 2019 U.S. … Continue reading

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E.D.Ky.: DUI checkpoint was properly set up for proper motives and was reasonable

“In sum, the record establishes that the checkpoint at which Mink was stopped was not implemented in an unreasonable fashion under the Fourth Amendment. Instead, the checkpoint ‘was clearly aimed at reducing the immediate hazard posed by the presence of … Continue reading

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E.D.Tex.: Def’s stop was in 2011 and he doesn’t get the benefit of 2015’s Rodriguez

“The search in the present case occurred in 2011. Hare’s focus on Rodriguez, which was issued in 2015, is misplaced. The Fifth Circuit has ‘repeatedly held that “there is no general duty on the part of defense counsel to anticipate … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off on E.D.Tex.: Def’s stop was in 2011 and he doesn’t get the benefit of 2015’s Rodriguez