Daily Archives: July 24, 2020

The Atlantic: Nothing Can Justify the Attack on Portland

The Atlantic: Nothing Can Justify the Attack on Portland by Quinta Jurecic & Benjamin Wittes (“The question of whether these arrests are appropriate has a clear answer—at least in a nation that purports to live under the rule of law.”)

Posted in Excessive force, Police misconduct | Comments Off on The Atlantic: Nothing Can Justify the Attack on Portland

WaPo: The federal police in Portland don’t even understand what ‘arrests’ are

WaPo: The federal police in Portland don’t even understand what ‘arrests’ are by Prof. By Andrew Manuel Crespo (“The government cannot lawfully exercise its power of arrest if it doesn’t realize it is, in fact, arresting people in the first … Continue reading

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N.D.W.Va.: GFE applies: “This was no cowboy operation. The agents in this case were extremely careful in the efforts to obtain evidence and to seek multiple warrants.”

There was plenty of probable cause in the 53 page affidavit that recounted all the officers had done and learned in their investigation. “In addition, this Court would again find that the ‘good faith’ exception to the exclusionary rule established … Continue reading

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N.D.Ohio: SW was defective as to second address for no showing of PC, but there really was PC, so GFE applies

Probable cause in a search warrant affidavit as to one address was not probable cause as to another. Yet, there was, in fact, separate unstated probable cause as to the second address. The officers reasonably relied on the search warrant … Continue reading

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CA9: Nevada JP’s PC determination never finalized has no preclusive effect in § 1983 case

A preliminary determination of probable cause by a justice of the peace that is not appealed is not entitled to preclusive effect under state law. Therefore, plaintiff states a claim for relief for his alleged false arrest despite that. Scafidi … Continue reading

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CA7: Unreasonable administrative delay in releasing pretrial detainees entitled to release violates 4A

Unreasonable administrative delay in getting people out of jail that are entitled to it violates the Fourth Amendment under Gerstein and County of Riverside. Williams v. Dart, 2020 U.S. App. LEXIS 23132 (7th Cir. July 23, 2020):

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CA9: Police following a blood trail onto curtilage after recent crime was exigency

The district court concluded defendant had no standing to challenge a tribal police search of the curtilage of his grandmother’s house where he was an overnight guest. Assuming, without deciding, he has standing, there was clear and obvious exigency for … Continue reading

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D.Haw.: 4A IAC requires showing standing, too

Defendant’s ineffective assistance of counsel claim for a search issue has to show that he had standing to even make the Fourth Amendment challenge, which he doesn’t. It’s an integral part of the merits claim. United States v. Scher, 2020 … Continue reading

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