Daily Archives: July 2, 2019

GA: No IAC to not object to reference to SW as somehow lowering burden of proof at trial

It was not ineffective assistance of counsel to not object to a police reference to having obtained a search warrant as somehow lowering the state’s burden of proof on guilt in the trial. Franklin v. State, 2019 Ga. App. LEXIS … Continue reading

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VT: SW target gets a hearing on whether he gets access to his own SW materials

“In this matter, Jacob Oblak petitioned the superior court for access to an affidavit of probable cause filed in a criminal case and was denied.” The public access to records rule has another rule for exceptions was not properly applied. … Continue reading

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Reason: The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures

Reason: The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures by Scott Shackford: Surrender the Fifth Amendment or the dog dies.

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NYT: Russia Sanctions Froze His Fortune. Can the 4th Amendment Unlock It?

NYT: Russia Sanctions Froze His Fortune. Can the 4th Amendment Unlock It? by Ben Protess and William K. Rashbaum

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MD: Judge sanctioned for, among other things, not properly handling the SW paperwork allowed to accumulate in her office rather than get it matched up and filed

A Baltimore City judge was suspended for six months for multiple things, one of which was not timely matching up 135 search warrants and applications and returns that had accumulated in her office for filing. Also, a staff member turned … Continue reading

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IA: Where owner of car was female and had a suspended license, a stop was reasonable when a woman and three men got into it

Officers knew the owner of the car was female, and there was a woman in the group that got into it, so, for reasonable suspicion purposes, it was reasonable to believe she might be driving and stop the car where … Continue reading

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CA8: Second attempt at knock-and-talk wasn’t unreasonable under Jardines

Officers went to defendant’s home for a knock-and-talk and could smell green marijuana. Their second attempt at a knock-and-talk wasn’t unreasonable under Jardines. United States v. White, 2019 U.S. App. LEXIS 19446 (8th Cir. June 28, 2019). “Ferguson, however, does … Continue reading

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