Daily Archives: August 12, 2019

CA5: SWAT team’s firefight after failure to comply with basic no-knock requirements denies them qualified immunity

SWAT team’s violation of basic elements of no-knock of 1997’s Richards get no qualified immunity in the firefight that followed their unreasonable entry. Fact questions remain for excessive force as well. Geiger v. Sloan, 2019 U.S. App. LEXIS 23849 (5th … Continue reading

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D.N.M.: Inventory didn’t follow sufficiently standardized procedures and was pretextual to search

The tow policy of the police department was discretionary (“may tow”) and defendant hadn’t yet been arrested when the decision was made to tow without giving options. Therefore, the government didn’t meet its burden that the decision to tow was … Continue reading

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CA8: Place of abandonment of gun near kids earns USSG enhancement

Abandonment of a gun in flight from the police earns defendant a two level USSG § 3C1.2 enhancement for endangering others because of where he tossed it where kids were around. United States v. Davidson, 2019 U.S. App. LEXIS 23826 … Continue reading

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E.D.Mich.: Def’s stop and frisk on a residential street in Detroit was completely without legal justification and suppressed

Police pulled up on the defendant and made him lift his shirt, completely without legal justification. It is suppressed. United States v. Watson, 2019 U.S. Dist. LEXIS 134627 (E.D. Mich. Aug. 9, 2019)*:

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CA9: Order suppressing laptop search for lack of PC and delay reversed; not wholely lacking in PC and delay was not unreasonable or culpable

The order suppressing a laptop search is reversed. The computer was seized under a state search warrant but searched under a federal warrant. Even if probable cause was lacking for the issuance of the search warrant, it was close enough … Continue reading

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N.D.Ohio: Officers knew def had CP on cell phone; finding cell phone in plain view permitted seizure

Even assuming the search warrant covered only under the roof, defendant’s cell phone was found in plain view on the driveway and it’s incriminating nature was already known to the officers, therefore, readily apparent. United States v. O’Neill, 2019 U.S. … Continue reading

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TN: Codefendant suppressed contents of a camera, but def can’t because no standing

Codefendant succeeded in suppressing photographs from an illegally seized camera. This defendant, however, had no property or privacy interest in the camera and thus no standing. State v. McClancy, 2019 Tenn. Crim. App. LEXIS 473 (Aug 10, 2019).* State’s notice … Continue reading

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