Daily Archives: January 7, 2021

CO: Forced blood test unreasonable and suppressed; remedy is to prosecute for refusal

Under Colorado statute, anyone who drives a motor vehicle in the state is deemed to have consented to take a blood or breath test when requested by a law enforcement officer having probable cause to believe the driver is under … Continue reading

Posted in Drug or alcohol testing | Comments Off on CO: Forced blood test unreasonable and suppressed; remedy is to prosecute for refusal

CA11: Not IAC to not challenge recording jail calls

Defense counsel wasn’t ineffective for not challenging recording jail calls [actually stated as a 2254(d) failure]. Garcia v. Sec’y, 2021 U.S. App. LEXIS 314 (11th Cir. Jan. 6, 2021).* The CSLI warrant was particular and not a general warrant, and … Continue reading

Posted in Cell site location information, Informant hearsay, Particularity, Prison and jail searches | Comments Off on CA11: Not IAC to not challenge recording jail calls

N.D.Ind.: Ptf’s 4A claim wasn’t sufficiently articulated to state a claim

“Mr. Ryan also alleges that there wasn’t any ‘adversarial pursuit of the Fourth Amendment’s protection of privacy can not be invalidated simply because a person’s right to want to be private evidences unlawful activity because the person does not want … Continue reading

Posted in § 1983 / Bivens, Burden of pleading, Reasonable suspicion | Comments Off on N.D.Ind.: Ptf’s 4A claim wasn’t sufficiently articulated to state a claim

S.D.N.Y.: Littering from a livery cab justified stop and search of the cab

A littering offense from a livery cab in NYC justified a stop of the cab and entering it for further evidence of the crime. That resulted in a plain view. United States v. Abreu, 2021 U.S. Dist. LEXIS 1945 (S.D. … Continue reading

Posted in Automobile exception, Probable cause | Comments Off on S.D.N.Y.: Littering from a livery cab justified stop and search of the cab

DE: Def can’t argue RS was standard below then PC was required on appeal

Defendant can’t argue below that reasonable suspicion was all that was required, but then argue on appeal that probable cause was required. Gordon v. State, 2021 Del. LEXIS 2 (Jan. 6, 2021). An eyewitness claiming to be assaulted by defendant … Continue reading

Posted in Probable cause, Standards of review | Comments Off on DE: Def can’t argue RS was standard below then PC was required on appeal

FL2 sua sponte raises lack of standing on the record and remands

“The State appeals the trial court’s order granting Ricardo Fernandez’s motion to suppress after the trial court found the affidavit used to obtain the anticipatory search warrant was deficient and the good faith exception to the warrant requirement did not … Continue reading

Posted in Standards of review, Standing | Comments Off on FL2 sua sponte raises lack of standing on the record and remands

M.D.Fla.: Even if a notebook was unlawfully seized, an IRS summons for it was valid

The IRS summons was upheld. “[E]ven if the notebooks were unlawfully seized, the Fourth Amendment’s exclusionary rule does not render the summonses unenforceable. First, even if the exclusionary rule applied, evidence may not be excluded when it is obtained based … Continue reading

Posted in Exclusionary rule, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on M.D.Fla.: Even if a notebook was unlawfully seized, an IRS summons for it was valid