Daily Archives: April 16, 2021

W.D.Pa.: Generic motion to suppress denied

Defendant’s general motion to suppress is denied. United States v. Knox, 2021 U.S. Dist. LEXIS 72716 (W.D. Pa. Apr. 15, 2021). “In short, when viewing this evidence in the light most favorable to appellant, reasonable minds could only conclude that … Continue reading

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D.N.M.: Detention hearing argument that there were “dispositive” 4A issues goes nowhere

Defendant’s argument responding to his detention order that there are significant potentially “dispositive” Fourth Amendment issues falls on deaf ears. United States v. Silguero, 2021 U.S. Dist. LEXIS 72565 (D.N.M. Apr. 15, 2021).* Rodriguez complied with: “The information that Kilpela … Continue reading

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CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).* … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Particularity, Probation / Parole search, Qualified immunity | Comments Off on CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

M.D.Pa.: Franks hearing denied for speculation on what video evidence might show

Defendant doesn’t get a Franks hearing that the officer knew or should have known that his CI actually went into defendant’s apartment based on video surveillance that allegedly would disprove it. He doesn’t show that the video shows what he … Continue reading

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AR: One can’t change 4A argument from trial court to appeal

Defendant’s oral motion to suppress was presented and denied. On appeal, defendant changed the specifics of the argument, and it’s not considered as presented. Saffel v. State, 2021 Ark. App. LEXIS 176 (Apr. 14, 2021). The officer’s stop of defendant’s … Continue reading

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