Daily Archives: January 30, 2020

CA2: CI’s reliability supported because he also testified under oath before warrant issued

“[The CI’s] reliability is further supported by the fact that he ‘testified under threat of the criminal sanction for perjury,’ and that his eye-witness report of the crime was incredibly detailed.” United States v. Martin, 2020 U.S. App. LEXIS 2738 … Continue reading

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W.D.Mo.: For purposes of entry on an arrest warrant, officers can reasonably believe def had two addresses

“Under the facts of this case, the Court concludes that law enforcement agents had the requisite reasonable belief that Sparks was residing at 6825 Walrond Avenue and/or 5501 Smart Avenue and was present at the addresses at the time of … Continue reading

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CA8: Judge authorizing rubberstamp of signature by clerk after PC for arrest found not 4A violation

“Hamilton’s complaint alleged that Judge Ragland is liable in damages for his unconstitutional actions in allowing [clerk] Overbey to issue arrest warrants and set bonds using his signature stamp, and in setting a schedule requiring cash-only bonds without regard to … Continue reading

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N.D.W.Va.: Traffic stop was valid and led to plain view of drugs on passenger seat

The headings tell us the case: “A. Lieutenant Kennedy had the requisite reasonable, articulable suspicion of unlawful conduct to initiate a traffic stop on Defendant’s vehicle based upon traffic violations and erratic driving consistent with that of an impaired driver.” … Continue reading

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W.D.N.Y.: Def lacked standing in apts he owned and rented to relatives

Defendant lacked standing to contest the search of an apartment building he owned but rented the units out to relatives. The CI, however, puts the defendant in one of the apartments with cocaine and a firearm ten days before the … Continue reading

Posted in Standing, Warrant execution | Comments Off on W.D.N.Y.: Def lacked standing in apts he owned and rented to relatives

ME: Statute requiring blood draw in fatal accident without PC violates 4A; but GFE applied here

Maine’s statute that requires a blood draw of the driver in a fatal or near fatal accident without probable cause violates the Fourth Amendment. Thus, the 2007 case upholding the statute is overruled. It cannot be categorized under the special … Continue reading

Posted in Drug or alcohol testing, Exclusionary rule, Special needs | Comments Off on ME: Statute requiring blood draw in fatal accident without PC violates 4A; but GFE applied here