Daily Archives: December 15, 2021

D.D.C.: CI’s single controlled buy off def was PC

A single controlled buy from defendant’s home is probable cause without additional corroboration. Moreover, the CI had worked for MPD for a decade. United States v. Hill, 2021 U.S. Dist. LEXIS 238824 (D.D.C. Dec. 14, 2021). The fire department responded … Continue reading

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D.Idaho: Fact of app on cell phone that deletes photos when viewed doesn’t undermine PC for them

The court issued a search warrant for defendant’s cell phone for photographs of nude minors. The fact he had an account that allegedly deleted pictures when they were viewed doesn’t undermine the probable cause. United States v. Young, 2021 U.S. … Continue reading

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S.D.W.Va.: Officers can’t claim exigency for def’s response to false assertion they had a SW

Officers can’t falsely claim they have a search warrant and then use the target’s response to claim exigency for a warrantless entry into a home. United States v. Lark, 2021 U.S. Dist. LEXIS 238720 (S.D.W.Va. Dec. 14, 2021):

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OH6: No standing in a package stopped in transit where def’s name not anywhere on it

Defendant lacked standing to contest the detention of a package in transit in the Post Office because he was neither shown as the addressee nor the recipient. Even so, there was reasonable suspicion to detain the package. The dog sniff … Continue reading

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D.Kan.: § 1983 case over bad faith prosecution and search of cell phone barred by Younger

Plaintiff sued under § 1983 claiming that his prosecution is proceeding in bad faith and that his cell phone was wrongfully seized and searched. This is all barred by Younger v. Harris. Kabutu v. Short, 2021 U.S. Dist. LEXIS 238360 … Continue reading

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CA6: Officer routinely asking “about drugs, weapons, and dead bodies” during traffic stops doesn’t unreasonably extend them

Officer “Mathieson testified that it is his habit to ask about drugs, weapons, and dead bodies during traffic stops. In any event, police officers are permitted to stop a vehicle for a traffic violation and look for evidence of a … Continue reading

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CA6: 2254 petitioner’s argument state court “did not squarely address” his 4A argument still barred by Stone

“Tippins does not dispute that the state courts provided him a mechanism by which to present his Fourth Amendment claim. He instead argues that because the state courts did not squarely address the cases he raised on direct appeal, Powell … Continue reading

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