Daily Archives: May 25, 2019

TN: “Process” in a child exploitation statute does not include SWs; legislature could have added SWs if it intended that

“We granted permission to appeal in this case in order to determine whether Tennessee Code Annotated section 39-17-1007, which provides that ‘[n]o process, except as otherwise provided, shall be issued for the violation of [the statutes proscribing the offenses of … Continue reading

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NY3: Judge who signs SW doesn’t have to recuse from suppression hearing

“Initially, defendant failed to preserve his contention that the trial judge should have recused himself because he signed the search warrant authorizing the search of defendant’s person and residence …. In any event, were this argument preserved for our review, … Continue reading

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LA5: Car in driveway near the street wasn’t on the curtilage

Defendant’s car in the driveway within an hour of the crime enabled the police to look in the windows and see proceeds from the crime inside without violating the curtilage. A search warrant was obtained, and the look was reasonable. … Continue reading

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CA5: 4A IAC for not challenging search doesn’t avoid deportation

“Even if these arguments pose a constitutional claim that we may review, the IJ and BIA did not abuse their discretion in denying Trevino’s motion to reopen on the basis that his guilty plea was invalid due to ineffective assistance … Continue reading

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TX3: Littering supports a stop

Littering by tossing a cigarette supports a stop. Two statutes apply when it’s something burning: one if a fire results, one if not. This was the latter. Defendant was found DWI. State v. Wood, 2019 Tex. App. LEXIS 4215 (Tex. … Continue reading

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OH9: Thermal imaging SW lacked PC when only electrical usage was mentioned

The thermal imaging search warrant was bare bones and did not support probable cause or application of the good faith exception. Electrical usage alone was not enough: “No additional information or data regarding the properties or their electricity usage is … Continue reading

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