Daily Archives: October 7, 2021

S.D.Tex.: Particularity and GFE are lacking; hearing set on motion to suppress

Neither the affidavit nor search warrant apparently sufficiently limit the search. The court has difficulty applying the good faith exception without a hearing on the motion to suppress. United States v. Mokbel, 2021 U.S. Dist. LEXIS 191789 (S.D.Tex. Oct. 5, … Continue reading

Posted in Good faith exception, Particularity | Comments Off on S.D.Tex.: Particularity and GFE are lacking; hearing set on motion to suppress

OH9: ‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’”

“‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’” State v. Kleintop, 2021-Ohio-3584, 2021 Ohio App. LEXIS 3493 (9th Dist. Oct. 6, 2021). … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Waiver | Comments Off on OH9: ‘A determination that reasonable suspicion exists, however, need not rule out the possibility of innocent conduct. Terry accepts the risk that officers may stop innocent people.’”