Daily Archives: December 14, 2020

CA3: Pro se ptf stated claim for warrantless entry into his house

The district court erred in summarily dismissing plaintiff’s case at § 1915A screening for failure to state a claim, because he did in the attempted amended complaint. “Edwards alleged that Rice lacked a search warrant when she conducted an investigation … Continue reading

Posted in § 1983 / Bivens, Nexus, Reasonable suspicion, Search | Comments Off on CA3: Pro se ptf stated claim for warrantless entry into his house

PA: On PCR, def has to call the third-party consenter as a witness to attempt to show lack of consent

On post-conviction review, defendant didn’t call as a witness the person who consented to the entry to testify that she did so involuntarily. Therefore, he failed in his burden of proof. Defendant was properly subjected to a DV arrest, even … Continue reading

Posted in Consent, Inventory, Standards of review | Comments Off on PA: On PCR, def has to call the third-party consenter as a witness to attempt to show lack of consent