Daily Archives: July 22, 2020

VA: 4A claim waived by not getting ruling below

Defendant waived his Fourth Amendment claim by not getting a ruling on the issue in the trial court. Spencer v. Commonwealth, 2020 Va. App. LEXIS 206 (July 21, 2020). Defendant lost his search claim in the district court and on … Continue reading

Posted in Ineffective assistance, Waiver | Comments Off on VA: 4A claim waived by not getting ruling below

CA9: 4A issues in “travel ban” case: expungement of records unconstitutionally obtained is a remedy

“Addressing plaintiffs’ Fourth Amendment search claims, the panel first held that the expungement relief sought by plaintiffs — the expungement of all records unconstitutionally obtained and maintained — was available under the Constitution to remedy the alleged constitutional violations. Because … Continue reading

Posted in § 1983 / Bivens | Comments Off on CA9: 4A issues in “travel ban” case: expungement of records unconstitutionally obtained is a remedy

CA6: Def showed no REP in package with a fake name sent to his house

Defendant showed no reasonable expectation of privacy in a package addressed to a fake name at his address. United States v. James, 2020 U.S. App. LEXIS 22766 (6th Cir. July 21, 2020). Defendant failed to show that the challenged statements … Continue reading

Posted in Anticipatory warrant, Automobile exception, Franks doctrine, Mail and packages | Comments Off on CA6: Def showed no REP in package with a fake name sent to his house

CA6: Camera in fake smoke detector outside def’s door in apt building hallway violated no REP

Defendant had no reasonable expectation of privacy in images captured by a camera warrantlessly placed in a fake smoke detector on the ceiling of his apartment building hallway right outside his door. United States v. Trice, 2020 U.S. App. LEXIS … Continue reading

Posted in Curtilage, Pole cameras, Reasonable expectation of privacy | Comments Off on CA6: Camera in fake smoke detector outside def’s door in apt building hallway violated no REP

CA8: Mistake of name in SW affidavit deleted by district court wasn’t material

The affidavit for search warrant here originally used the name “Aaren” but the officer found “Taylor” could be the last name, and the affidavit was changed for that. It turned out that there were two people. The district court properly … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Franks doctrine | Comments Off on CA8: Mistake of name in SW affidavit deleted by district court wasn’t material

PA: State waived challenge to def’s reliance on state constitution

The state waived its challenge to the defendant’s reliance on the state constitution by failure to litigate it below. Waiver claims have to be applied evenhandedly between the state and defendants. Commonwealth v. Wolfel, 2020 Pa. LEXIS 3797 (July 21, … Continue reading

Posted in Franks doctrine, Nexus, State constitution, Waiver | Comments Off on PA: State waived challenge to def’s reliance on state constitution

W.D.Mo.: Def’s arrest at door in underwear permitted protective sweep before getting his clothes

Defendant was arrested in his house on a cold and dreary day. He answered the door in his underwear. Officers were permitted to conduct a protective sweep before getting his clothing for transport because at least one other person expected … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Protective sweep | Comments Off on W.D.Mo.: Def’s arrest at door in underwear permitted protective sweep before getting his clothes

Rolling Stone: How Oregon Is Pushing Back Against ‘Kidnap and False Arrest’ by Trump’s Agents

Rolling Stone: How Oregon Is Pushing Back Against ‘Kidnap and False Arrest’ by Trump’s Agents by Tim Dickinson (“As state decries constitutional abuses by federal officers, Trump threatens to impose tactics nationally”)

Posted in Arrest or entry on arrest | Comments Off on Rolling Stone: How Oregon Is Pushing Back Against ‘Kidnap and False Arrest’ by Trump’s Agents