Daily Archives: August 16, 2020

MD: Defense counsel in drug case had conflict of interest in representing police officer in a divorce case who arrested and searched client and the search wasn’t contested

Defense counsel had a conflict of interest where he represented both a drug case client and the police officer who arrested and searched him and his cell phone. Defendant made a sufficient showing of actual prejudice to warrant a new … Continue reading

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CA6: No 4A right to recording testimony that supplements affidavit, but there’s got to be a record

The state judge who issued the search warrant was a neutral and detached magistrate under the Fourth Amendment. Whether the magistrate had state law jurisdiction is a kind of circular argument under state law, but the Fourth Amendment only requires … Continue reading

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CA11: Questions unrelated to the stop unreasonably extended it, but it complied with law at time, so GFE applies

The officer’s questions here about what was in the car were unnecessary and unreasonably added 25 seconds to the stop. They were, however, before Rodriguez was decided [but what about Caballes?] and complied with the law in effect at the … Continue reading

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