Daily Archives: November 28, 2020

CA6: SW with wrong address and color of building was still particular enough in location

The search warrant was wrong on the address and colors of the place to be searched. Following the description in the warrant, however, led to only one building: The place searched. The officer involved was there to ensure it was … Continue reading

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CA9: Changing allegedly offending officer in Franks challenge on appeal was waiver

Defendant’s Franks challenge to one officer’s alleged misstatements were changed on appeal to involve another officer. This was waiver. United States v. Arnold, 2020 U.S. App. LEXIS 37199 (9th Cir. Nov. 25, 2020). In the college admissions scam case, “Here, … Continue reading

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CA6: State court’s failure to remand for more factfinding was still a “full and fair opportunity to litigate” his 4A claim

Habeas petitioner’s CoA request is denied. His claim that he was denied a “full and fair opportunity to litigate” his Fourth Amendment claim because the state appellate court didn’t remand for fact finding is rejected. He had the opportunity to … Continue reading

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TX: Totality of affidavit justified on totality SW for surveillance videos even though affidavit didn’t explicitly say so

While the affidavit for search warrant didn’t explicitly say that it wanted the DVR for surveillance cameras to prove a crime at the business, the totality of the affidavit leaves the impression from common knowledge that seizure and search was … Continue reading

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