Daily Archives: August 5, 2019

CA1: Standing can’t be based on an untranslated document to put into evidence; even in D.P.R.

Defendant’s claim of standing in the home of another depends upon a Spanish language document [in PR federal court where everyone is bilingual] that was untranslated for the judge [and apparently not for appeal]. Therefore, his standing argument fails. But … Continue reading

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CA8: Camper next to house was covered by SW for house

Defendant’s camper was on the curtilage right next to the house and connected by “living debris” [junk?], and “not noticeably separate from the garage, it was covered by the search warrant, whether or not it was a vehicle for Fourth … Continue reading

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N.D.Okla.: Court finds Franks burden satisfied that false statement was material to bolster PC

The court finds addition of information into the affidavit for the search warrant was reckless at best and then material to the finding of probable cause. Without it, the affidavit was too thin, and that’s likely the reason the offending … Continue reading

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M.D.Pa.: On remand of Byrd, GFE applied to standing issue

On the Sixth Circuit’s remand of Byrd v. United States, 138 S.Ct. 1518 (2018), to the District Court, the court finds the good faith exception applies to standing issues arising before it was decided. United States v. Byrd, 2019 U.S. … Continue reading

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MD: Daylight strip search on the side of highway was unreasonable

“The non-exigent visual inspection of the genital area of a person suspected of concealing controlled dangerous substances, in daylight, while the person stood between two police cruisers with emergency lights flashing, along the shoulder of an interstate highway, as moderate … Continue reading

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M.D.Tenn.: Tennessee’s “must cite” statute for misdemeanants doesn’t govern under 4A

Tennessee has a “must cite” statute, that misdemeanor arrestees are presumptive cited and released. That, however, doesn’t govern the Fourth Amendment under Virginia v. Moore. United States v. Chol, 2019 U.S. Dist. LEXIS 129565 (M.D. Tenn. Aug. 2, 2019). The … Continue reading

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