Daily Archives: May 18, 2023

CA9: SW application made “under penalty of perjury” satisfies the “oath or affirmation” requirement

A search warrant application made “under penalty of perjury” satisfies the “oath or affirmation” requirement. United States v. Morrow, 2023 U.S. App. LEXIS 11933 (9th Cir. May 16, 2023). Defendant prevailed on the merits of his honest services wire fraud … Continue reading

Posted in Franks doctrine, Oath or affirmation, Qualified immunity | Comments Off on CA9: SW application made “under penalty of perjury” satisfies the “oath or affirmation” requirement

GA: Grant of Franks motion is subject to de novo review

The court erred in finding a Franks violation without considering whether the challenged representation in the warrant was made knowingly, intentionally, or in reckless disregard for the truth. On de novo review, that the trial court erred in finding there … Continue reading

Posted in Excessive force, Franks doctrine | Comments Off on GA: Grant of Franks motion is subject to de novo review

OH3: Officers had PC without regard to what CI said

The officers had probable cause for defendant’s stop without regard to what the CI said, so failure to corroborate the CI had no effect on the outcome. State v. Harrison, 2023-Ohio-1618 (3d Dist. May 15, 2023).* Defendant’s stipulated plea agreement … Continue reading

Posted in Informant hearsay, Probable cause, Reasonable suspicion, Waiver | Comments Off on OH3: Officers had PC without regard to what CI said

E.D.Pa.: Hospital nurse who found drugs on def wasn’t state actor

A nurse in a hospital who found drugs in defendant’s pants was required by policy to search the rest of his belongings. The nurse was not a state actor. United States v. Kunsman, 2023 U.S. Dist. LEXIS 84362 (E.D. Pa. … Continue reading

Posted in Automobile exception, Private search, Reasonable suspicion, Standing | Comments Off on E.D.Pa.: Hospital nurse who found drugs on def wasn’t state actor