Daily Archives: January 23, 2020

N.D.Ala.: Def had no standing to complain of illegal “arrest” of a corporation

Defendant has no standing to complain of the alleged illegal arrest of a corporation, even if it could be. United States v. Cargill, 2020 U.S. Dist. LEXIS 9581 (N.D.Ala. Jan. 21, 2020). “All together, the Defendant’s resemblance to Jose Corpus, … Continue reading

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D.D.C.: Telling person to “hold on a sec” was a seizure as to his perception

Telling defendant to “hold on a sec” was a seizure. That’s how the defendant perceived it. Just because he didn’t run away didn’t mean he didn’t think he was seized. United States v. Hood, 2020 U.S. Dist. LEXIS 9514 (D.D.C. … Continue reading

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NC: Obtaining blood sample by court order without PC or even RS suppressed

Blood draw evidence should have been suppressed because the order obtaining it was based on no showing of probable cause or even reasonable suspicion. Second degree murder conviction reversed. State v. Scott, 2020 N.C. App. LEXIS 69 (Jan. 21, 2020):

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Cal.5th (concurring): Are routine administrative searches with guns on hip and bulletproof vests always reasonable?

Officers showed up for an OSHA inspection armed and wearing bulletproof vests and insisted upon the inspection starting without giving the company representative a chance to even think about it. The concurring judge finds this excessive in a free society, … Continue reading

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OH12: Not challenging reliability of drug dog not IAC without showing result would change

Defendant doesn’t show that the outcome would be different if defense counsel had challenged the certification and reliability of the drug dog. State v. Wash, 2020-Ohio-152, 2020 Ohio App. LEXIS 131 (12th Dist. Jan. 21, 2020). “Accordingly, the court finds … Continue reading

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OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized … Continue reading

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