Daily Archives: July 6, 2022

CA8: Omission of a fact not yet known is not a Franks violation

A detective’s omission of a critical fact that was not yet known is not a Franks violation. “What is undisputed, at least at this point, is that Detective Bowles did not actually know that the fire captain had described the … Continue reading

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CA1: Voluntary act after unreasonable stop made evidence admissible

There was no reasonable suspicion for defendant’s seizure on the totality. But, “Sierra-Ayala’s intervening volitional act, in the absence of exploitative behavior by López-Maysonet, renders the discovery of the drugs sufficiently attenuated so as to dissipate the taint of the … Continue reading

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NJ: Refusal of a frisk without RS does not add to RS

There was no reasonable suspicion for defendant’s stop. People who live in a “high crime area” do not have lesser constitutional protection. The facts here just didn’t support a frisk, and he had a right to refuse one, and that … Continue reading

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CA8: PC shown but for nexus, but GFE overcame that

The district court held the affidavit for the search warrant didn’t say enough to supply nexus to defendant’s home, but the good faith exception applied. Affirmed. The affidavit was sufficient for probable cause defendant was involved in dealing drugs, and … Continue reading

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