Daily Archives: September 13, 2019

CA4: USMJ must review law firm’s seized privileged materials, not USAO’s “filter team”

Two days after oral argument on a law firm’s appeal that a USMJ reviewed privileged materials seized from the firm by search warrant and not the USAO’s “filter team,” the Fourth Circuit orders the Magistrate to do it pending issuance … Continue reading

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Search issues resolved on appeal can’t be considered in post-conviction

Petitioner’s 2255 Fourth Amendment claim was already decided on direct appeal and can’t be raised now. Felix v. United States, 2019 U.S. Dist. LEXIS 154587 (M.D. Fla. Sept. 11, 2019).* Same with this state conviction. Haithcox v. State, 2019 MT … Continue reading

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WA: Community caretaking function was a pretext to search for evidence, and search is suppressed

The warrantless search of defendant’s home was pretextual under the community caretaking function when there was no justification for it. The court also declines to adopt a “dead body rule.” State v. Boisselle, 2019 Wash. LEXIS 579 (Sept. 12, 2019):

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NYTimes: Officers Said They Smelled Pot. The Judge Called Them Liars.

NYTimes: Officers Said They Smelled Pot. The Judge Called Them Liars. By Joseph Goldstein: (“Courts in New York have long ruled that if a car smells like pot, the police can search it. But now, a backlash is mounting.”).

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Legal Intelligencer: In Fight Over Nanny Cam Footage, Pa. Justices to Wrestle With Privacy Under Wiretap Law

Legal Intelligencer: In Fight Over Nanny Cam Footage, Pa. Justices to Wrestle With Privacy Under Wiretap Law by Zack Needles:

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CA8: Patel didn’t bar police requesting look at hotel registry in looking for bank robbers; third-party doctrine applies

City of Los Angeles v. Patel didn’t make the police look at a hotel registry a search. Defendants were suspected of bank fraud and aggravated identity theft in printing bogus checks and cashing them. Police went to a motel where … Continue reading

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N.D.Ohio: Almost immediate dog sniff during stop didn’t prolong it

The officer had an objective basis for the stop, so defendant’s pretext claim fails. The dog sniff occurred almost immediately during the stop and the stop wasn’t prolonged for it. United States v. Martinez, 2019 U.S. Dist. LEXIS 155124 (N.D. … Continue reading

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Iowa this week

A traffic stop can be based on probable cause or reasonable suspicion of a traffic violation. The trial court credited that the officer believed a headlight was out, and the evidence supports that conclusion. State v. White, 2019 Iowa App. … Continue reading

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GA: Findings and conclusions aren’t always required, and record would be looked to for support

The trial court didn’t make specific findings that defendant consented to the taking of blood for a BAC test. So, the appellate court looks to the record and finds that the evidence supports a finding of consent and denial of … Continue reading

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MO: Suspicionless bookbag search at school was safety related and reasonable

This juvenile was subjected to a suspicionless bookbag search by school security in a St. Louis public school that found a gun. The court finds the search was reasonable based on the school safety factor alone. In the Interest of … Continue reading

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