Daily Archives: September 21, 2019

E.D.Mo.: No const’l requirement copy of SW be left at site of search

2255 petitioner’s claims include one that the search should have been suppressed for state officers not leaving a copy of the search warrant at the site of the search. That’s not a constitutional defect. It’s a Rule 41 requirement, but … Continue reading

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W.D.Ky.: “Both the issuing judge and the reviewing court should take a totality of the circumstances approach in their review of the affidavit, rather than scrutinize the affidavit line-by-line.”

“Both the issuing judge and the reviewing court should take a totality of the circumstances approach in their review of the affidavit, rather than scrutinize the affidavit line-by-line.” A generalized allegation of “errors” is insufficient to get a Franks hearing. … Continue reading

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OH10: While Carpenter is a “new rule,” it’s not been applied in post-conviction proceedings

While Carpenter is a “new rule,” courts on post-conviction haven’t been applying it, and this court does not either. State v. Neil, 2019-Ohio-3793, 2019 Ohio App. LEXIS 3843 (10th Sept. 19, 2019):

Posted in Cell site location information | Comments Off on OH10: While Carpenter is a “new rule,” it’s not been applied in post-conviction proceedings

TN: Defendant’s consent was voluntary; he was twice told he could refuse

Defendant consented to a search of his motel room, and he was twice told he had the right to refuse a consent search. State v. Savage, 2019 Tenn. Crim. App. LEXIS 582 (Sept. 19, 2019). Defendant wasn’t seized when he … Continue reading

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E.D.Ky.: Ten months of Facebook seizure was way overbroad, but the govt gets the benefit of the GFE

Knowing that defendant and his confederates talked about drug transactions on Facebook messenger, the limited search warrant for that was based on probable cause, and a message was recovered referring to acquiring a “ball” and it was almost certainly an … Continue reading

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