Daily Archives: February 17, 2022

FL4: Prosr’s argument def refused to give password to phone violated 4A

“The trial court erred in denying Appellant’s motion in limine and allowing the State to present evidence and argument referencing Appellant’s refusal to provide his cellphone PIN and his refusal to consent to a warrantless search of his entire cellphone. … Continue reading

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CA7: “Police officers owe judges candor when seeking search warrants.”

“Police officers owe judges candor when seeking search warrants.” This officer’s wrong guess as to the place to be searched for a search warrant exposed the officer to liability. Taylor v. Hughes, 2022 U.S. App. LEXIS 4276 (7th Cir. Feb. … Continue reading

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W.D.N.C.: No standing to challenge alleged interception of calls between another person and his lawyer

Plaintiff’s claim that government agents intercepted telephone calls between some other person and his lawyer in violation of the attorney-client privilege fails because he had no standing to complain. Labreche v. Chambers, 2022 U.S. Dist. LEXIS 28163 (W.D.N.C. Feb. 16, … Continue reading

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CA6: Govt’s failure to argue standing below was mere “forfeiture” not “waiver”

The government can raise lack of standing for the first time on appeal unless it waived it below. At any rate, it can be reviewed for plain error. This also happened in United States v. Noble, 762 F.3d 509, 526-28 … Continue reading

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W.D.Wis.: Guest of an overnight guest had standing, even where owner didn’t know

The guest of an overnight guest on the premises of the owner but without the owner’s knowledge had standing. “Defendants contend that Furdge had no legitimate privacy interest because he was in the home temporarily, lacked Rundle’s knowledge or consent, … Continue reading

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S.D.N.Y.: A reasonably conducted eviction is not a 4A violation

“Most eviction-type seizures do not violate the Fourth Amendment. Thomas v. Cohen, 304 F.3d 563, 574 (6th Cir. 2002) (citing Soldal v. Cook County, 506 U.S. 56, 71, 113 S. Ct. 538, 121 L. Ed. 2d 450 (1992)). Seizing an … Continue reading

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FL2: Resisting illegal arrest without violence not a crime

Where it was clearly shown defendant’s arrest was unlawful because he was told to come out of his house to be arrested, his resisting without violence conviction could not stand. Seiracki v. State, 2022 Fla. App. LEXIS 1040 (Fla. 2d … Continue reading

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