Daily Archives: March 13, 2021

GA: 4A claim had to be raised at agency hearing level to preserve for appeal

Failure to object on Fourth Amendment grounds at the agency level before the zoning board in a zoning administrative case was waiver for appeal. Forsyth County v. Mommies Props. LLC, 2021 Ga. App. LEXIS 145 (Mar. 11, 2021). “The first … Continue reading

Posted in § 1983 / Bivens, Burden of pleading, Probable cause, Waiver | Comments Off on GA: 4A claim had to be raised at agency hearing level to preserve for appeal

FL1: Sheriff’s Office failed to show TV and PlayStation were lawfully seized during drug search

The Bay County SO executed a drug search warrant at claimant’s father’s house and seized a flat screen TV and PlayStation. Claimant sought return, and the state claimed it was lawfully taken and became county property by operation of law. … Continue reading

Posted in Overseizure, Reasonableness, Rule 41(g) / Return of property | Comments Off on FL1: Sheriff’s Office failed to show TV and PlayStation were lawfully seized during drug search

W.D.Mo.: Govt moots motion to suppress by deciding not to use challenged evidence

When the defendant files a motion to suppress and the government elects not to use the evidence at trial, the motion becomes moot. United States v. Bowers, 2021 U.S. Dist. LEXIS 45445 (W.D. Mo. Mar. 11, 2021). Defendant’s 2255 for … Continue reading

Posted in Ineffective assistance, Motion to suppress | Comments Off on W.D.Mo.: Govt moots motion to suppress by deciding not to use challenged evidence

TX13: State showed exigency for BAC without SW because it would have taken one of two officers off-duty

The state showed exigency in not getting a search warrant for defendant’s BAC after a serious car crash left him unconscious. It would have taken hours to get the warrant back then [2013] and it would have taken one of … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, Ineffective assistance | Comments Off on TX13: State showed exigency for BAC without SW because it would have taken one of two officers off-duty

C.D.Ill.: Prison strip searches are always permitted, unless done unreasonably

Inmates seen naked in prison is not a constitutional claim unless it was all done in an unreasonable manner. The limited facts here fail to show that. Danuk v. Downey, 2021 U.S. Dist. LEXIS 45383 (C.D. Ill. Mar. 11, 2021):

Posted in Prison and jail searches, Reasonableness, Strip search | Comments Off on C.D.Ill.: Prison strip searches are always permitted, unless done unreasonably