Daily Archives: December 17, 2023

CA4: 2255 pet’r gets discovery and evidentiary hearing on “dirty cop” the govt both embraced and disavowed at its convenience

2255 petitioner gets an evidentiary hearing on his motion to withdraw his guilty plea after he discovered the affiant, who he’d previously complained to all was a “dirty cop,” actually lied on the search warrant affidavit back in 2015. At … Continue reading

Posted in Due process, Franks doctrine | Comments Off on CA4: 2255 pet’r gets discovery and evidentiary hearing on “dirty cop” the govt both embraced and disavowed at its convenience

MI: Biting and kicking were reasonable responses to an unlawful arrest that can be resisted at common law

Defendant was unlawfully arrested for failing to produce an ID. While Michigan retains the common law right to resist an unlawful arrest, defendant’s biting and kicking was found reasonable. People v. Murawski, 2023 Mich. App. LEXIS 9151 (Oct. 26, 2023) … Continue reading

Posted in Common law, Consent, Qualified immunity | Comments Off on MI: Biting and kicking were reasonable responses to an unlawful arrest that can be resisted at common law

CA8: Truly bare bones affidavit for SW fails on GFE

Defendant here actually showed that the affidavit for search warrant was completely lacking in even an inference that defendant might have stolen property on his property. He was located nearby the primary offender, and his criminal history said nothing about … Continue reading

Posted in Good faith exception, Particularity, Probable cause | Comments Off on CA8: Truly bare bones affidavit for SW fails on GFE

NC: Where def drove on grass approaching 4A violating checkpoint, there was RS

Because defendant’s stop at a checkpoint was already with reasonable suspicion, the court does not have to decide on the constitutionality of the roadblock [that appears to have caused it]. State v. Alvarez, 2023 N.C. LEXIS 940 (Dec. 15, 2023). … Continue reading

Posted in Good faith exception, Protective sweep, Roadblocks | Comments Off on NC: Where def drove on grass approaching 4A violating checkpoint, there was RS