Daily Archives: January 8, 2021

W.D.Wash.: Demand for records complied with doesn’t state a state law claim for invasion of privacy

A demand for records from the federal government doesn’t state a claim under Washington state law when plaintiff grudgingly gave up the records. Daviscourt v. United States, 2020 U.S. Dist. LEXIS 246610 (W.D. Wash. Dec. 10, 2020)*:

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D.Minn.: When nexus of drugs to a residence is established, it can move with the def

If defendant moves and nexus to his residence and drugs has been established, it is a reasonable inference that the drugs went with the move. United States v. Hudson, 2020 U.S. Dist. LEXIS 246482 (D. Minn. Dec.19, 2020). “On the … Continue reading

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OR: With recreational marijuana, the smell alone isn’t RS or PC

Because possession of recreational marijuana is legal in Oregon, the smell alone is not reasonable suspicion. Here, however, there was reasonable suspicion based on additional facts of attempted concealment. State v. T.T. (In re T.T.), 308 Ore. App. 408 (Jan. … Continue reading

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CA5: Standard of review: GFE first, basis for finding PC second

“This court engages in a two-step inquiry when reviewing a district court’s denial of a defendant’s motion to suppress which challenges the sufficiency of a warrant. … First, this court determines whether the good-faith exception to the exclusionary rule announced … Continue reading

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CA5: Independent RS obviated govt’s reliance on collective knowledge

“First, we need not address the collective-knowledge doctrine. The police officer who initiated the traffic stop developed reasonable suspicion of a straw purchase through his own questioning and discovery of the firearm in Perez’s trunk after Perez lied about having … Continue reading

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