Daily Archives: October 17, 2021

S.D.Miss.: Plain view of alleged drug residue was apparently false and a “comedy of errors”

Plastic wrappers or containers in cars are ubiquitous. The officer [almost obviously] made up a claim there was drug residue in a wrapper. First it was ecstacy, then it was cocaine. It’s all on bodycam. This was a “comedy of … Continue reading

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D.Mont.: That a motion to suppress would fail is a reasonable strategy decision for defense counsel

“A review of the discovery produced by the Government leads the Court to the conclusion that Sheehan’s counsel’s decision not to file a motion to suppress was well within ‘the wide range of reasonable professional assistance.’ Strickland at 689. Sheehan … Continue reading

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NY Bronx: No SW needed to test abandoned DNA

The state did not need a search warrant to test DNA retrieved from an abandoned cigarette butt. Carpenter doesn’t remotely apply. People v. Mendez, 2021 NY Slip Op 21275, 2021 N.Y. Misc. LEXIS 5148 (Bronx Co. Oct. 13, 2021). Defendant … Continue reading

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OH4: Mere sleeping visitor in apt has no apparent authority to consent to search

Somebody sleeping in an apartment that the officer knew was a mere visitor had no standing to consent to an entry. State v. Brandau, 2021-Ohio-3688, 2021 Ohio App. LEXIS 3592 (4th Dist. Oct. 4, 2021). 2255 petitioner’s Franks ineffective assistance … Continue reading

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