Monthly Archives: November 2019

CT: Def counsel’s choice to distance def from bedroom with drug was reasonable

Defendant argued defense counsel was ineffective for not pursuing a motion to suppress the search of a bedroom he stayed in in the house of another. The testimony was conflicting. Defendant said that he had exclusive use of the bedroom, … Continue reading

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CA3: Inevitable discovery applies because govt was drafting SW and there was “overwhelming” PC

Inevitable discovery applies: “The District Court based its decision to admit evidence from Restitullo’s apartment on three factors. First, police drafted the warrant application before Restitullo’s interrogation began. Second, ‘overwhelming’ probable cause existed to search Restitullo’s bedroom based on the … Continue reading

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CA1: Mere fact friend had possession of def’s bags didn’t show actual or apparent authority to consent

Defendant stored bags with a friend, and he ended up in jail. There was no actual or apparent authority shown for her to consent to search of the bags. The government carries the burden on both, and it fails. The … Continue reading

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IN: Def’s raising GFE for first time in reply brief is waiver

It’s defendant’s burden in challenging a search warrant to raise both the defects in the warrant (such as a lack of probable cause) and inapplicability of the good faith exception. Raising the good faith exception in his reply brief is … Continue reading

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W.D.N.C.: Guilty plea waived 4A IAC claim

“The knowing and voluntary guilty plea waived all alleged ineffective assistance of counsel which preceded it, including counsel’s alleged deficiencies with regards to Fourth Amendment issues.” Allen v. United States, 2019 U.S. Dist. LEXIS 205762 (W.D. N.C. Nov. 26, 2019). … Continue reading

Posted in Exclusionary rule, Ineffective assistance, Seizure | Comments Off on W.D.N.C.: Guilty plea waived 4A IAC claim

PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

Posted in Informant hearsay, Reasonable expectation of privacy, Third Party Doctrine, Warrant execution | Comments Off on PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

TN: Def can’t show prejudice for IAC claim for failing to call a witness he can’t identify or summarize testimony of

Defendant filed a post-conviction petition alleging that a necessary witness hadn’t been called for the suppression hearing. He could not, however, provide any decent information about name, where she could be found, what she would say, or that it would … Continue reading

Posted in § 1983 / Bivens, Ineffective assistance | Comments Off on TN: Def can’t show prejudice for IAC claim for failing to call a witness he can’t identify or summarize testimony of

OH8: State’s losing exhibits from suppression hearing requires new trial

Appellant appeals the denial of his suppression motion, but a bunch of the exhibits are missing. The state relies on precedent that it’s the appellant’s obligation to bring up a record. The state, however, somehow got Exhibits 1-23 back and … Continue reading

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CO holds four months of pole camera surveillance of def’s fenced-in backyard was unreasonable and violated 4A

Four months of warrantless and continuous pole camera surveillance of defendant’s fenced-in back yard was unreasonable and violated his reasonable expectation of privacy under the Fourth Amendment. People v. Tafoya, 2019 COA 176, 2019 Colo. App. LEXIS 1799 (Nov. 27, … Continue reading

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FL follows Mitchell on blood draws from the unconscious

The Florida Supreme Court granted a certified question of public importance on whether a search warrant was required to draw blood from an unconscious motorist in the hospital. In the meantime, SCOTUS decided Mitchell v. Wisconsin. This court applies Mitchell … Continue reading

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KS: Officer’s reinitating contact during stop and leaning into window with hands on door meant to driver he wasn’t free to leave

Officer’s reinitiating contact with driver, leaning on window and asking about asking more questions on the totality signaled to defendant he wasn’t free to leave. State v. Gonzalez, 2019 Kan. App. LEXIS 85 (Nov. 27, 2019):

Posted in Seizure | Comments Off on KS: Officer’s reinitating contact during stop and leaning into window with hands on door meant to driver he wasn’t free to leave

WaPo: Maryland police drones aid in searches, crash investigations, but raise privacy concerns

WaPo: Maryland police drones aid in searches, crash investigations, but raise privacy concerns by Alison Knezevich:

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