Daily Archives: May 9, 2019

CA5: When both PC and GFE are appealed, both have to be argued on appeal or both are waived

When probable cause and the good faith exception are both decided by the district court, both must be argued on appeal or the whole issue of the validity of the warrant is waived for appeal. “We note initially that Huerta … Continue reading

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D.N.M.: Franks doesn’t apply to grand jury testimony and resulting subpoenas

Franks doesn’t apply to grand jury testimony and resulting subpoenas. United States v. Tolbert, 2019 U.S. Dist. LEXIS 76939 (D. N.M. May 7, 2019):

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NC: Failure to object to satellite-based monitoring in trial court was waiver

Defendant didn’t raise the constitutionality of satellite-based monitoring in the trial court, so it’s waived for appeal. He also can’t bring it up by certiorari. State v. DeJesus, 2019 N.C. App. LEXIS 384 (May 7, 2019). Reasonable suspicion developed at … Continue reading

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CA11: Petitioner’s 2255 fails for speculation and then lack of showing of prejudice

Petitioner’s 2255 fails for speculation and then lack of showing of prejudice. “First, Mathis asserted that counsel was ineffective for failing to fully investigate the forensic evidence to discover that his cell phone had been accessed by law enforcement prior … Continue reading

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Shawdowproof: Detroit Police Spent More than Half Million Dollars on Cell-site Simulator to Track People’s Locations

Shawdowproof: Detroit Police Spent More than Half Million Dollars on Cell-site Simulator to Track People’s Locations by Camille Fassett:

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