Daily Archives: August 7, 2019

S.D.Miss.: Govt plans to file forfeiture so motion for return of cash denied

Claimant business’s motion for return of $895k from its bank account under Rule 41(g) is denied for lack of irreparable harm, based also on the government’s representation it’s going to attempt forfeiture. “Turning to the fourth factor, the Court finds … Continue reading

Posted in § 1983 / Bivens, Forfeiture, Rule 41(g) / Return of property | Comments Off on S.D.Miss.: Govt plans to file forfeiture so motion for return of cash denied

AL: Drug dog alert on cash without presence of drugs won’t support forfeiture

A drug dog alert on money without the presence of drugs cannot support a forfeiture. Martinez-Camacho v. State, 2019 Ala. Civ. App. LEXIS 102 (Aug. 2, 2019):

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D.D.C.: Post-trial suppression motion denied for lack of showing of merit

An attempt at a post-trial suppression motion in a motion for new trial was denied where the defense couldn’t show any merit to the motion in the first place. United States v. Baylor, 2019 U.S. Dist. LEXIS 129708 (D.D.C. Aug. … Continue reading

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D.P.R.: Being handed a bag for five seconds wasn’t enough to create standing

Analyzing bailments under PR law and First Circuit and SCOTUS cases (particularly Rawlings), defendant’s precipitous five second holding of a bag handed off to him wasn’t sufficient to create a bailment or give him standing in the bag. United States … Continue reading

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W.D.Tex.: Cell phone search at border crossing was by consent

Defendant was a regular at the Americas bridge port of entry at El Paso being a community college student and an El Paso Walmart employee. One time, he rejected sending his car through the x-ray machine, and his cell phone … Continue reading

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M.D.La.: Use of word “clear” to describe certain facts wasn’t a Franks violation; removing it still leaves PC anyway

Defendant challenges the use of the word “clear” to describe the facts, which is supported by the facts. “[E]ven if the Court finds that the challenged statement was false and orders it stricken from the affidavit, the Court finds that … Continue reading

Posted in Emergency / exigency, Franks doctrine | Comments Off on M.D.La.: Use of word “clear” to describe certain facts wasn’t a Franks violation; removing it still leaves PC anyway