Daily Archives: July 19, 2021

OH12: Search of wallet in patdown unreasonable

Defendant’s patdown produced a wallet, and search of the ID inside exceeded its proper scope. State v. Maffey, 2021-Ohio-2460, 2021 Ohio App. LEXIS 2423 (12th Dist. July 19, 2021) This excessive force case for use of force during an arrest … Continue reading

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D.C.: Illegal patdown without RS caused def’s flight; discard of gun in flight excluded

The patdown of defendant was manifestly unreasonable, and defendant’s flight was thereafter. The exclusionary rule should be applied to this. Johnson v. United States, 2021 D.C. App. LEXIS 187 (July 15, 2021):

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D.P.R.: Passing reference to a 4A violation in motion to suppress doesn’t preserve it

Passing reference to a Fourth Amendment violation isn’t enough to preserve the issue. United States v. Polaco-Hance, 2021 U.S. Dist. LEXIS 132937 (D.P.R. July 16, 2021). There was probable cause for the search of defendant’s car under the warrant. A … Continue reading

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W.D.Tenn.: SW for person is not limited like a protective sweep

A search warrant for a person is not limited as a protective sweep. It was not unreasonable to look under box springs. United States v. Johnson, 2021 U.S. Dist. LEXIS 132835 (W.D.Tenn. July 16, 2021). The protective sweep in the … Continue reading

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D.D.C.: When cell phone is part of crime, a broader SW is permitted

The warrant for defendant’s cell phone showed plenty of probable cause. Because the probable cause was based on use of the phone as an instrumentality of the offense of attempted child exploitation and possession of child pornography, a broader warrant … Continue reading

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CA5: Motion for return of property erroneously dismissed; pet’r may have no other remedy

The district court erred in dismissing appellant’s petition for return of documents under Rule 41(g) seized under a warrant with alleged attorney-client privileged materials. If no charges are brought, there will be no motion to suppress. Harbor Healthcare Sys., L.P. … Continue reading

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CA8: The facts before the officers showed exigency to enter the house on a domestic call

The officers had a reasonable basis for entering defendant’s house without a warrant. “The officers were dispatched to the scene of a domestic disturbance. The first responding officer observed a child in an upstairs window acting excitedly and gesturing at … Continue reading

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