Daily Archives: March 25, 2022

NM: Social media platforms reporting to NCMEC are reliable informants

Social media providers sent suspected child pornography to NCMEC, and they were reliable informants. “The State appeals the district court’s grant of Defendant James Henz’s motion to suppress child pornography found in the search of his home, arguing that the … Continue reading

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OR: Asking juror question about refusal of consent was error, but here harmless

Oregon permits juror questions, and here one asked whether defendant willingly provided a DNA sample. Asking it on the record all amounted to error, but under plain error review, with other evidence in the case, it’s not reversible. State v. … Continue reading

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E.D.Tenn.: Def doesn’t show a right to see whether the SW in his case was validly issued; that’s the lawyer’s call; and he pled guilty

“Petitioner alleges that Attorney Greene failed to present critical documents for Petitioner’s review prior to his guilty plea. Petitioner contends that he should have been shown ‘evidence of there being a valid search warrant,’ ‘computer chat logs where the government … Continue reading

Posted in Ineffective assistance, Issue preclusion, Staleness | Comments Off on E.D.Tenn.: Def doesn’t show a right to see whether the SW in his case was validly issued; that’s the lawyer’s call; and he pled guilty

OR: Questions unrelated to stop unreasonably extended it

“At the outset of the stop, West asked defendant a series of questions: (1) ‘Do you live in this area?’; (2) ‘What are you doing up here?’; (3) ‘Where are you coming from today?’; and (4) if West could see … Continue reading

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CA2: Swearing to arrest warrant at direction of a prosecutor does not confer prosecutorial immunity

“Long-standing precedent makes clear that swearing to an arrest warrant affidavit and executing an arrest are traditional police functions, and performing such functions at the direction of a prosecutor does not transform them into prosecutorial acts protected by absolute immunity.” … Continue reading

Posted in Arrest or entry on arrest, Independent source, Ineffective assistance, Privileges | Comments Off on CA2: Swearing to arrest warrant at direction of a prosecutor does not confer prosecutorial immunity

D.Mass.: The drug/currency courier profile is back

United States v. $48,940 in United States Currency, 2022 U.S. Dist. LEXIS 51246 (D.Mass. Mar. 22, 2022):

Posted in Forfeiture, Reasonable suspicion | Comments Off on D.Mass.: The drug/currency courier profile is back