Daily Archives: September 6, 2023

S.D.Tex.: Court declines to unseal warrant papers yet; redaction not feasible

The search warrant papers involving search of property of a U.S. Representative are not unsealed yet. The redactions were nearly everywhere and it would not make sense. The interests in temporary nondisclosure are more important here; the government has made … Continue reading

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FL6: Search incident of backpack and fanny pack removed before stop was unreasonable

Defendant was stopped on a bicycle. His backpack and fanny pack were removed from him and placed on the hood of the police car. The search incident doctrine did not apply to them under Gant. They were out of his … Continue reading

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CA9: Mixed motive for admin search doesn’t make it unreasonable

“The presence of an impermissible motive does not, by itself, establish that the administrative search was pretextual, Orozco, 858 F.3d at 1213, and here, the record shows the presence of a valid motive: the city inspector obtained the administrative search … Continue reading

Posted in Administrative search, Arrest or entry on arrest, Probable cause | Comments Off on CA9: Mixed motive for admin search doesn’t make it unreasonable

OH12: Gerstein violation doesn’t warrant new trial

“Assuming for the sake of argument that Akladyous was in fact improperly detained for more than 48 hours before a probable cause finding was made, such argument would not invalidate his subsequent conviction pursuant to Gerstein.” State v. Akladyous, 2023-Ohio-3105, … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Probable cause, Reasonable suspicion | Comments Off on OH12: Gerstein violation doesn’t warrant new trial

ME: State constitutional arguments must be developed; citing it not enough

(1) The tracking device placed on defendant’s vehicle by court order was with probable cause. (2) “For a claim under the Maine Constitution to be deemed preserved for our review, however, the party advancing the claim cannot merely allude to … Continue reading

Posted in Issue preclusion, Seizure, State constitution, Warrant execution | Comments Off on ME: State constitutional arguments must be developed; citing it not enough