Daily Archives: August 8, 2022

D.Minn.: Police delay in responding to 911 call in part belied exigency

There no longer was exigency, in part here from the police delay in responding to 911 call, and what was observed was innocuous. No exigency on the totality. Cotten v. Miller, 2022 U.S. Dist. LEXIS 139360 (D. Minn. Aug. 5, … Continue reading

Posted in Emergency / exigency, Ineffective assistance, Probation / Parole search, Search incident | Comments Off on D.Minn.: Police delay in responding to 911 call in part belied exigency

D.Minn.: No 4A claim for seizure of legal papers in prison

There is no Fourth Amendment claim for seizure of legal papers when an inmate was moving within a prison. Smith v. Starr, 2022 U.S. Dist. LEXIS 139361 (D. Minn. Aug. 5, 2022). “Following the arrest, however, the agents lawfully knew … Continue reading

Posted in Independent source, Prison and jail searches, Unreasonable application / § 2254(d) | Comments Off on D.Minn.: No 4A claim for seizure of legal papers in prison