Daily Archives: June 26, 2019

C.D.Ill.: Def’s name and address aren’t constitutionally required to be in the SW

Defendant’s 2255 claim that his name and address weren’t in the search warrant doesn’t state any ground for relief because neither is constitutionally required. Lopez v. United States, 2019 U.S. Dist. LEXIS 105807 (C.D. Ill. June 25, 2019). The affidavit … Continue reading

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D.Conn.: Ptf’s § 1983 case over his search that led to his conviction is barred by Heck

Plaintiff’s suit against his search and seizure that led to his conviction is barred by Heck v. Humphrey. “The appropriate vehicle for such a challenge is not § 1983 litigation, but direct or collateral appeal.” Gonzalez v. Yepes, 2019 U.S. … Continue reading

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GA: No REP in a police interview room where a call was overheard and recorded

There is no reasonable expectation of privacy in a police interview room. Defendant had been Mirandized and left alone in the room, knowing he was not free to leave, and told he was a suspect in a crime. He made … Continue reading

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S.D.Fla.: Ptf sufficiently pled a civil Franks claim that survives summary judgment and QI

Plaintiff sufficiently pled a civil Franks claim that survives summary judgment and qualified immunity. Wooden v. Armenteros, 2019 U.S. Dist. LEXIS 106113 (S.D. Fla. June 25, 2019).* “At this stage of the proceedings, viewing the evidence in the light most … Continue reading

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E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply

The court concludes that the government lacked nexus to defendant’s home for the search warrant because the proof was just lacking. It came down to two cases with similar but still sufficiently different facts reaching seemingly contradictory results on nexus. … Continue reading

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