Daily Archives: July 31, 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):

Posted in Inventory, Pretext | Comments Off on CA10: Impoundment of car was pretext for inventory search

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

Posted in Administrative search, Probation / Parole search, Stop and frisk | Comments Off on CT: Using a library parking lot and picnic table after hours doesn’t justify stop-and-frisk

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

Posted in Exclusionary rule, Franks doctrine, Probable cause | Comments Off on PA: Exclusionary rule applies to PA probation revocation proceedings

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

Posted in Rule 41(g) / Return of property | Comments Off on C.D.Cal.: Money seized from safe deposit boxes ordered returned under Rule 41(g); govt offers no justification to keep it

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

Posted in § 1983 / Bivens, Franks doctrine, Probable cause, Standing | Comments Off on N.D.Ohio: Ptf shows Franks violation for leaving out important mitigating information; officer also had apparent motive

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

Posted in Reasonableness, Warrant execution | Comments Off on W.D.Tex.: SJ denied for raid on wrong house

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

Posted in Uncategorized | Comments Off on N.D.Ohio: Officer reasonably believed a traffic violation occurred, whether or not it did

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

Posted in Consent, Waiver | Comments Off on TX1: Voluntariness of consent shown by officers’ efforts to insure def understood what they were asking

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

Posted in Consent, Search, Seizure | Comments Off on WA: Request for proof of payment of a bus fare is not a search

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

Posted in Consent, DNA, Ineffective assistance, Probable cause, Scope of search | Comments Off on S.D.Fla.: PC for constructive possession shown; def doesn’t have to handle firearm in video

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

Posted in Probable cause, Reasonable expectation of privacy, Standards of review | Comments Off on E.D.Tenn.: You post to Facebook at your peril; there is no REP in Facebook “friends”

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):

Posted in Good faith exception, Motion to suppress | Comments Off on N.D.Okla.: Motion to suppress must allege basis to overcome GFE, too

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

Posted in Ineffective assistance, Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off on E.D.Mo.: Flight is part of the RS calculus