Daily Archives: January 6, 2021

CA5: Affidavit for SW for cell phone photos didn’t show PC for drug trafficking

The affidavit for the search warrant for defendant’s cell phone for evidence of drug trafficking and not just personal use did not permit a search of the photographs on the phone for evidence of drug trafficking. The good faith exception … Continue reading

Posted in Cell phones, Probable cause | Comments Off on CA5: Affidavit for SW for cell phone photos didn’t show PC for drug trafficking

N.D.Ind.: Franks challenge in PC clothing fails for no offer of proof

“At first glance, the Defendant’s motion does not appear to be a true Franks hearing request as it does not appear to contest the veracity of the statements of the affiant or assert that she made false allegations. Rather, it … Continue reading

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CA5: Ptf’s underlying conviction is attacked by his 4A claim and thus barred by Heck

“We begin with Price’s Fourth Amendment excessive force claims as alleged in his proposed amended complaint. The district court concluded that Price’s claims, even as amended, remained ‘inseparable’ from his conviction for battery of an officer and, thus, were barred … Continue reading

Posted in Issue preclusion | Comments Off on CA5: Ptf’s underlying conviction is attacked by his 4A claim and thus barred by Heck

W.D.Pa.: CI’s story was substantially corroborated to provide PC; controlled buys the clincher

The CI’s story was substantially corroborated to provide probable cause. “In this case, Frampton’s affidavit provides substantial information about the CI’s reliability, from which the issuing judge could have inferred probable cause. The affidavit recounted the reliability of the CI’s … Continue reading

Posted in Informant hearsay | Comments Off on W.D.Pa.: CI’s story was substantially corroborated to provide PC; controlled buys the clincher

CA10: Uncertainty def was alone inside justified protective sweep

The consenter’s uncertainty that defendant was alone in the apartment justified a protective sweep, and ultimately she consented and the evidence supports that conclusion. United States v. Phyfier, 2021 U.S. App. LEXIS 133 (11th Cir. Jan. 5, 2021). [Even so, … Continue reading

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E.D.Pa.: State court’s suppression of evidence is a fact question for trial on underlying facts and findings and not preclusive

Plaintiff was charged in state court with possession, and the state court credited his version over that of the officers on the basis for the stop because their testimony was contradictory and confusing. Still, that doesn’t have preclusive effect in … Continue reading

Posted in § 1983 / Bivens, Admissibility of evidence, Issue preclusion | Comments Off on E.D.Pa.: State court’s suppression of evidence is a fact question for trial on underlying facts and findings and not preclusive

PA to decide CPS power to enter without SW for “child in need of services”

PA grants review on the authority of Child Protective Services to enter without a warrant on a report of a “child in need of services” under (1) state constitution, and (2) Fourth Amendment. In interest of Y.W.-B., 2021 Pa. LEXIS … Continue reading

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CA6: Def waived Franks argument on appeal by only arguing PC below

Defendant’s Franks argument on appeal fails because the motion to suppress was based on a lack of probable cause and didn’t direct the court to any alleged false statement under Franks. United States v. Baker, 2021 U.S. App. LEXIS 113 … Continue reading

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CA6: CoA denied for federal defense counsel not pursuing claim SW violated state law

CoA denied for an ineffective assistance of counsel claim that defense counsel didn’t investigate the claim that the state court search warrant hadn’t been properly issued and then filed and was thus invalid. It wouldn’t be because there was essentially … Continue reading

Posted in Ineffective assistance, Reasonableness, Unreasonable application / § 2254(d), Warrant execution | Comments Off on CA6: CoA denied for federal defense counsel not pursuing claim SW violated state law

CNS: Judges Grapple With Phone, Laptop Searches at US Customs

CNS: Judges Grapple With Phone, Laptop Searches at US Customs by Thomas Harrison (“The First Circuit struggled Tuesday with a policy that lets border agents look through the phones or laptops of travelers returning from abroad.”)

Posted in Border search, Cell phones, Computer and cloud searches | Comments Off on CNS: Judges Grapple With Phone, Laptop Searches at US Customs