Monthly Archives: July 2021

CA10: Impoundment of car was pretext for inventory search

Tulsa police’s impoundment of defendant’s car was a pretext for an inventory search. The inventory policy didn’t even mention impoundment. United States v. Woodard, 2021 U.S. App. LEXIS 22443 (10th Cir. July 27, 2021):

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CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

Defendant’s mere use of the library’s parking lot and picnic table at 9 p.m. on a Sunday evening was not reasonable suspicion of some other criminal activity and did not support a stop and frisk. State v. Haughwout, 2021 Conn. … Continue reading

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PA: Exclusionary rule applies to PA probation revocation proceedings

The exclusionary rule applies to probation revocation proceedings in Pennsylvania. Having suppressed in the underlying criminal case, the court should have suppressed on the violation of probation. Commonwealth v. Parson, 2021 PA Super 151, 2021 Pa. Super. LEXIS 487 (July … Continue reading

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C.D.Cal.: Money seized from safe deposit boxes ordered returned under Rule 41(g); govt offers no justification to keep it

Plaintiffs had money in safe deposit boxes at United States Private Vaults. The government raided the boxes apparently with probable cause and seized the money pending forfeiture, but it offers no justification for the seizure or continuing to keep the … Continue reading

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N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive

Defendant satisfied his Franks burden of showing a material false statement in support of the probable cause showing for the warrant. That information undermined the probable cause. As to the good faith exception, this is what the exclusionary rule is … Continue reading

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W.D.Tex.: SJ denied for raid on wrong house

Police raided the wrong house and got sued. Summary judgment is denied. The supervising officer and others there knew within one minute they had the wrong house, but they continued and kept plaintiff handcuffed. And nobody in the raiding party … Continue reading

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N.D.Ohio: Officer reasonably believed a traffic violation occurred, whether or not it did

The question is not whether defendant actually made a left turn traffic violation; it’s whether the officer reasonably believed he did. Even the Ohio courts aren’t sure, and that makes the officer’s belief reasonable. United States v. Pacelli, 2021 U.S. … Continue reading

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TX1: Voluntariness of consent shown by officers’ efforts to insure def understood what they were asking

The record supports the trial court’s finding of consent. Neither officer exhibited a firearm, spoke in a harsh or loud tone, or indicated to defendant that he could not leave. Instead, both officers were trying to help defendant understand what … Continue reading

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WA: Request for proof of payment of a bus fare is not a search

Request for proof of payment of a public transportation fare is not a seizure under the Fourth Amendment or the state constitution. Defendant consented to the terms of ridership by boarding the bus, which included paying the fare and having … Continue reading

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S.D.Fla.: PC for constructive possession shown; def doesn’t have to handle firearm in video

There was probable cause for defendant’s constructive possession of a firearm. The government didn’t have to show he was in actual possession for probable cause. He also presumably knew he had a prior conviction to support his being a felon … Continue reading

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E.D.Tenn.: You post to Facebook at your peril; there is no REP in Facebook “friends”

There is no reasonable expectation of privacy in Facebook posts, no matter who reads them, “friend” or not. Defendant posts to Facebook at his peril. Moreover, he already lost this in the Sixth Circuit. Farrad v. United States, 2021 U.S. … Continue reading

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N.D.Okla.: Motion to suppress must allege basis to overcome GFE, too

Defendant’s motion to suppress must show a fact dispute to get a hearing, including on application of the good faith exception. United States v. Bailey, 2021 U.S. Dist. LEXIS 138557 (N.D.Okla. July 26, 2021):

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E.D.Mo.: Flight is part of the RS calculus

Defendant fled from a police stop, and he wasn’t seized until the police laid hands on him. The hunch he was carrying a gun was correct. “First, as Officer Nash was attempting to exit his marked police car to engage … Continue reading

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Reason: FBI Seized $900,000 From Safe Deposit Box on ‘Pure Conjecture,’ Federal Judge Says

Reason: FBI Seized $900,000 From Safe Deposit Box on ‘Pure Conjecture,’ Federal Judge Says by Eric Boehm (“Reason has joined a new legal effort seeking to force the government to unseal warrants justifying the FBI’s seizure of more than 600 … Continue reading

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CNS: Michigan city defends tire-chalking policy at Sixth Circuit

Courthouse News Service: Michigan city defends tire-chalking policy at Sixth Circuit by Kevin Koeninger (“The federal appeals court heard debate for the second time over whether chalking the tires of a parked car is an unconstitutional search under the Fourth … Continue reading

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Katz as Originalism

Orin Kerr, Katz as Originalism, Duke L.J. forthcoming (2021). Abstract:

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CA8: Protective sweep justified by multiple factors: maybe guns, movement and maybe others inside

“Assuming without deciding that Thompson has ‘standing’ to challenge the search, the protective sweep was justified.” “There was good reason here for a sweep. First, Thompson was suspected of stealing several guns from a pawn shop in a burglary, committing … Continue reading

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Jury trials all next week

First for me since March 2020. Postings will be hit or miss. Mostly miss. I will catch up. Update: We won the Silver Medal.

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SD: Failure to put video of stop in record limits review of lack of consent claim

Failure to put the video of defendant’s stop in the record means the court can’t consider it on appeal, and it goes from the trial court’s findings. State v. Slepikas, 2021 SD 43, 2021 S.D. LEXIS 82 (July 21, 2021) … Continue reading

Posted in Admissibility of evidence, Prison and jail searches, Standards of review, Strip search, Waiver | Comments Off on SD: Failure to put video of stop in record limits review of lack of consent claim

E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading

Posted in Arrest or entry on arrest, Forfeiture, Ineffective assistance, Plain view, feel, smell, Reasonable suspicion | Comments Off on E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too