Daily Archives: January 18, 2021

CA11: Standing required for 41(g) motion for return of property

The district court did not abuse its discretion in declining equitable jurisdiction under Rule 41(g) for lack of a threshold showing of standing and justiciability. United States v. Stoune, 2021 U.S. App. LEXIS 1178 (11th Cir. Jan. 15, 2021). The … Continue reading

Posted in Probable cause, Reasonable suspicion, Rule 41(g) / Return of property, Standing | Comments Off on CA11: Standing required for 41(g) motion for return of property

Nothing online is anonymous; especially Zoom

There’s no Fourth Amendment issue raised here, but this is a particularly ugly child pornography case involving live child rape broadcast by Zoom. Police gathered sign-in and logs from Zoom used to share the child pornography. It was captured first … Continue reading

Posted in Digital privacy, Digital Searches | Comments Off on Nothing online is anonymous; especially Zoom

OH7: Defense counsel’s strategic choice to not challenge search was reasonable; he exploited it in cross of the officers

Defense counsel’s strategic choice to not challenge a search and embrace the result of the search for cross-examination was reasonable. And it was justified because it resulted in acquittal on a big count. State v. Baker, 2020-Ohio-7023, 2020 Ohio App. … Continue reading

Posted in Ineffective assistance | Comments Off on OH7: Defense counsel’s strategic choice to not challenge search was reasonable; he exploited it in cross of the officers