Daily Archives: September 24, 2020

Prosecutors drop charges against Robert Kraft

CBS2 News (Palm Beach): Prosecutors drop charges against Robert Kraft by Gary Detman WaPo: Charges against Patriots’ Robert Kraft dropped in Florida after ruling on video evidence by Matt Bonesteel

Posted in Uncategorized | Comments Off on Prosecutors drop charges against Robert Kraft

S.D.N.Y.: Affidavit for SW in large scale drug operation justified no-knock provision

The no-knock provision in this search warrant was justified by the affidavit in support of the warrant. United States v. Bryant, 2020 U.S. Dist. LEXIS 174793 (S.D. N.Y. Sept. 23, 2020):

Posted in Knock and announce | Comments Off on S.D.N.Y.: Affidavit for SW in large scale drug operation justified no-knock provision

D.Minn.: Apparent typo in a telephone number in a search warrant isn’t a Franks violation

An apparent typographical error in a telephone number in a search warrant isn’t a Franks violation. United States v. Green, 2020 U.S. Dist. LEXIS 174674 (D. Minn. Sept. 23, 2020). Filter teams to protect privileged material are not per se … Continue reading

Posted in Franks doctrine, Privileges | Comments Off on D.Minn.: Apparent typo in a telephone number in a search warrant isn’t a Franks violation

D.N.M.: Def drew a diagram of shooting scene in his statement, and that provided nexus for SW for forensic evidence

Defendant’s shooting scene diagram during his statement created nexus for the search warrant to find forensic evidence of a homicide. United States v. Smith, 2020 U.S. Dist. LEXIS 174615 (D.N.M. Sept. 23, 2020):

Posted in Uncategorized | Comments Off on D.N.M.: Def drew a diagram of shooting scene in his statement, and that provided nexus for SW for forensic evidence

MA: SW affidavit showed inference def’s house was base of operation for drug operation, and that’s nexus

The affidavit for search warrant here raised more than an inference that defendant’s home was used as a base of operations for his drug dealing enterprise, and that was nexus. Commonwealth v. Andre-Fields, 2020 Mass. App. LEXIS 145 (Sept. 23, … Continue reading

Posted in Arrest or entry on arrest, Nexus, Prison and jail searches | Comments Off on MA: SW affidavit showed inference def’s house was base of operation for drug operation, and that’s nexus

IA: All exculpatory evidence doesn’t have to be presented to issuing magistrate under Franks

“Case failed to make a preliminary showing to warrant a Franks hearing. See Baker, 925 N.W.2d at 615 (‘[A]n officer applying for a search warrant is not required to present all inculpatory and exculpatory evidence to the magistrate, only that … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Probable cause, Reasonable suspicion | Comments Off on IA: All exculpatory evidence doesn’t have to be presented to issuing magistrate under Franks

CA11: Shooting suicidal person who posed no threat to others unreasonable

Shooting a suicidal person three times without an effort to deescalate was unreasonable. The officer came upstairs with a gun drawn without knowing of any risk to himself, and there never was. Teel v. Lozada, 2020 U.S. App. LEXIS 30358 … Continue reading

Posted in Consent, Qualified immunity, Reasonableness, Waiver | Comments Off on CA11: Shooting suicidal person who posed no threat to others unreasonable

TX: Suitcase with def in airport arrest was subject to search incident

Defendant was arrested in the San Antonio airport, and his luggage came with him to airport jail. The suitcase as a “receptacle must inevitably accompany him into custody, a warrantless search of that receptacle at or near the time of … Continue reading

Posted in Search incident | Comments Off on TX: Suitcase with def in airport arrest was subject to search incident