Daily Archives: November 9, 2019

TN: Defense counsel’s failure to object to officer’s testimony of def’s confession during suppression hearing violated Simmons but was harmless

Defendant on post-conviction showed that defense counsel’s performance was deficient for not objecting under Simmons to a state investigator’s testimony that he confessed to the crime in his suppression hearing testimony. Defendant, however, can’t show prejudice because of the other … Continue reading

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KS: 911 call of person shot brought police; entry justified under exigent circumstances

Police received a call that a person had been shot at a particular address. They arrived and saw two women arguing with a man. He ran off. The officers asked if the women were hurt, and they said they weren’t. … Continue reading

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WV: Exclusionary rule does not apply in civil cases

DHHR obtained information about the parents from an alleged illegal stop. The exclusionary rule doesn’t apply in civil cases. In re N.R., 2019 W. Va. LEXIS 524 (Nov. 7, 2019). A game warden approached plaintiff sitting in his truck in … Continue reading

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WA: Cell phone ping was a search, but here it was reasonable because of exigency

A cell phone ping is a search under the Fourth Amendment and Washington Constitutions requiring a warrant. It was reasonable here, however, because of exigent circumstances because defendant was a suspect, and the police feared he’d fled. State v. Muhammad, … Continue reading

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Adventures in federal court in Springfield MO

I tried a ten count wire fraud and money laundering case in the Western District of Missouri in Springfield this past week. The jury convicted. The last 30 minutes was the most interesting, and gratifying: As we came back for … Continue reading

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N.D.Okla.: Particularity in computer searches depends on how SW was executed

Particularity in a computer search has to be flexible and reasonable because of the vast amount of information that is of necessity swept up. “Instead of applying rigid rules requiring particularity when seeking a warrant, the focus should be on … Continue reading

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