Daily Archives: February 18, 2023

M.D.Ga.: No standing in packages sent to one’s address but with all different names on them

Defendant failed to show standing in packages searched coming to an address he claimed as his “primary address,” but the addressee and sender were not him. United States v. Williams, 2023 U.S. Dist. LEXIS 26755 (M.D. Ga. Feb. 16, 2023). … Continue reading

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CO: Probation search condition of all electronic devices was unreasonable

A sex offender’s probation condition that requires unfettered access to defendant’s electronic devices is unreasonable. It has to be tailored to the need. People v. Silvanic, 2023 COA 16, 2023 Colo. App. LEXIS 217 (Feb. 16, 2023). A probation search … Continue reading

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NE: Failure to deliver SW to def not 4A violation and doesn’t warrant suppression

Defendant was the subject of a search warrant for a blood draw. The fact he wasn’t given a copy of the warrant doesn’t require reversal. He clearly knew what was going on. State v. Svendgard, 31 Neb. App. 596, 2023 … Continue reading

Posted in § 1983 / Bivens, Exclusionary rule, Forfeiture, Warrant papers | Comments Off on NE: Failure to deliver SW to def not 4A violation and doesn’t warrant suppression

OH8: Not following up on obvious window tint violation didn’t make stop for that unreasonable

The officer reasonably believed the car’s tint violated the law because he literally could not see in it. The fact he didn’t follow up more on that doesn’t make it pretext. State v. McDonald, 2023-Ohio-464, 2023 Ohio App. LEXIS 444 … Continue reading

Posted in Plain view, feel, smell, Pretext, Waiver | Comments Off on OH8: Not following up on obvious window tint violation didn’t make stop for that unreasonable

KARE 11: Bungled raid led to innocent pregnant woman’s shackling

KARE 11 Investigates: Bungled raid led to innocent pregnant woman’s shackling (“Taxpayers are on the hook for $500,000 after a detective’s misconduct led to a woman’s arrest and Hennepin County jailers illegally shackling her while in labor.”)

Posted in Warrant execution | Comments Off on KARE 11: Bungled raid led to innocent pregnant woman’s shackling