Monthly Archives: May 2019

Cert. granted: Hernández v. Mesa: Whether the cross-border murder of a Mexican citizen states a Bivens claim

Cert. granted: Hernández v. Mesa, No. 17-1678 (ScotusBlog) Issue: Whether, when the plaintiffs plausibly allege that a rogue federal law-enforcement officer violated clearly established Fourth and Fifth amendment rights for which there is no alternative legal remedy, the federal courts … Continue reading

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SCOTUS: Nieves v. Bartlett: Probable cause to arrest defeats a First Amendment retaliation claim except where there otherwise would not have been an arrest

Nieves v. Bartlett, 17–1174 (May 28, 2019): Probable cause to arrest defeats a First Amendment retaliation claim except where there otherwise would not have been an arrest (maybe a really hard standard to meet). SCOTUSBlog: Opinion analysis: The First Amendment, … Continue reading

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MA: Bag of dope protuding from butt crack was seized in a strip search, not a body cavity search

“During a lawful strip search of the defendant following his arrest, police officers observed a plastic bag protruding from the cleft between his buttocks and caused him to remove it; it was revealed to contain individually wrapped plastic bags of … Continue reading

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E.D.Cal.: There’s no REP in the cell or room of the state’s mental hospital

There is no reasonable expectation of privacy in the cell or room of person under civil commitment. It’s not a jail and there are limited constitutional protections inside. Leonard v. Coalinga State Hosp., 2019 U.S. Dist. LEXIS 88170 (E.D. Cal. … Continue reading

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M.D.Ala.: “Motions to suppress evidence are appropriate in civil forfeiture proceedings …”

“Motions to suppress evidence are appropriate in civil forfeiture proceedings because the seizure and subsequent civil forfeiture of assets implicates the Fourth Amendment. Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 702 (1965) (holding that the Fourth Amendment is applicable to … Continue reading

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D.Mass.: SW for house permitted search of a hiding place in the outside wall

The defendant had a “hide,” a hiding place outside his house in the wall. The court finds the hide was withing the scope of the search warrant not and did not require a separate search warrant. “I find that the … Continue reading

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NPR: Political Fallout Escalates After SF Police Raid Journalist’s Office

NPR: Political Fallout Escalates After SF Police Raid Journalist’s Office by Sonja Hutson: The San Francisco Police Officers’ Association is calling on the chief of police to resign for his handling of a raid on a reporter’s home. The reporter … Continue reading

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OK: Without a specific challenge to overbreadth, trial court errs in deciding it

Defendant moved to suppress his cell phone search for lack of probable cause. He did not challenge the scope of the warrant. Therefore, the district court erred in deciding that the search warrant was overbroad. “The District Court erred when … Continue reading

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CA5: Byrd doesn’t give the passenger any more standing than he already didn’t have

Byrd doesn’t give the passenger any more standing than he already didn’t have. United States v. James, 2019 U.S. App. LEXIS 15531 (5th Cir. May 24, 2019). “Under our precedent that applied to the stop at issue, the officers’ use … Continue reading

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OH10: Aside from the SW for def’s house, there was PC to stop him in his car leaving for his arrest

Officers had a search warrant for defendant’s premises. Based on a controlled buy, there was also probable cause to independently stop him leaving his own house. State v. Taylor, 2019-Ohio-2018, 2019 Ohio App. LEXIS 2088 (10th Dist. May 23, 2019). … Continue reading

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CA11: 4A claim can’t be brought in a successor 2255

Defendant filed a successor 2255 over the alleged nonexistence of his search warrant, and this doesn’t state ground for a successor petition. “Even if Mallety had presented evidence that the search of the Eden Street apartment was conducted without a … Continue reading

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Palm Beach Post: Search warrant used to catch Robert Kraft built for terrorists, not johns, critics say

Palm Beach Post: Search warrant used to catch Robert Kraft built for terrorists, not johns, critics say johns, critics say by Jorge Milian: Two judges have excluded surveillance video shot with a ‘sneak-and-peak’ warrant. Their rulings could sink the state’s … Continue reading

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