Daily Archives: June 19, 2021

WI: Warrantless blood draw from incapacitated driver unconstitutional

Wisconsin’s statute allegedly permitting blood draws of incapacitated drivers is unconstitutional for lack of actual consent, but the good faith exception saves it today. State v. Prado, 2021 WI 64, 2021 Wisc. LEXIS 98 (June 18, 2021):

Posted in Drug or alcohol testing, Good faith exception | Comments Off on WI: Warrantless blood draw from incapacitated driver unconstitutional

FL5: Police report’s stating search was search incident isn’t binding at the suppression hearing

The officer’s noting the search of defendant’s vehicle was incident to arrest was incorrect and not binding at the suppression hearing. It was valid as an inventory. State v. Koontz, 2021 Fla. App. LEXIS 9019 (Fla. 5th DCA June 18, … Continue reading

Posted in Excessive force, Inventory, Search incident, Suppression hearings | Comments Off on FL5: Police report’s stating search was search incident isn’t binding at the suppression hearing

D.N.M.: Def’s failing to stop for a Terry stop doesn’t justify hot pursuit into home

Officers cannot enter a defendant’s home in hot pursuit from his failing to stop for a Terry stop on mere reasonable suspicion. United States v. Cannon, 2021 U.S. Dist. LEXIS 112705 (D.N.M. June 16, 2021). The officer’s initial observations of … Continue reading

Posted in Arrest or entry on arrest, Hot pursuit, Reasonable suspicion | Comments Off on D.N.M.: Def’s failing to stop for a Terry stop doesn’t justify hot pursuit into home

OH10: Not challenging SW was strategic choice in self-defense case

Defense counsel wasn’t ineffective for not objecting to the search warrant because it would contradict his claim of self-defense. State v. Messenger, 2021-Ohio-2044, 2021 Ohio App. LEXIS 2017 (10th Dist. June 17, 2021) (see § 60.19) The issue here is … Continue reading

Posted in Automobile exception, Burden of proof, Ineffective assistance | Comments Off on OH10: Not challenging SW was strategic choice in self-defense case

D.Mass.: Four month delay in getting SW for cell phone was not unreasonable

There was justification for seizure of defendant’s cell phone in plain view because it might have evidence of a crime on it. The four month delay in obtaining a search warrant for the phone was reasonable under all the circumstances, … Continue reading

Posted in Cell phones, Reasonableness | Comments Off on D.Mass.: Four month delay in getting SW for cell phone was not unreasonable

Mapp v. Ohio decided 60 years ago today

Mapp v. Ohio was decided 60 years ago today. See these prior posts; 2017 and 2014

Posted in SCOTUS | Comments Off on Mapp v. Ohio decided 60 years ago today