Daily Archives: October 2, 2022

OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary

Defendant’s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. State v. Seem, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. … Continue reading

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E.D.Mo.: Policy of using SWAT team to enter without announcing in every drug case states a failure to train claim

Plaintiff’s unarmed decedent was shot and killed by the St. Louis PD SWAT team in a no-knock drug raid of the wrong house. Plaintiff stated a claim that the affidavit for search warrant omitted critical facts that undermined probable cause. … Continue reading

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D.Mass.: 6 mo. old info in a drug SW application was stale, and no GFE

The information in a drug search warrant was six months old. No reasonable officer would believe it showed probable cause, despite a magistrate signing off on it. It is “so lacking” in its showing that the good faith exception does … Continue reading

Posted in Good faith exception, Particularity | Comments Off on D.Mass.: 6 mo. old info in a drug SW application was stale, and no GFE