Daily Archives: October 2, 2024

MO: Def fled state and abandoned murder weapon at his grandmother’s house

When defendant fled the state to avoid arrest, he left a bag with the murder weapon at his grandmother’s house. That was abandonment. The ping of his cell phone to locate him to arrest him was with exigent circumstances. State … Continue reading

Posted in Abandonment, Cell phones, Seizure | Comments Off on MO: Def fled state and abandoned murder weapon at his grandmother’s house

Reason: A Houston Drug Cop’s Murder Conviction Highlights the Potentially Deadly Consequences of ‘Testifying’

Reason: A Houston Drug Cop’s Murder Conviction Highlights the Potentially Deadly Consequences of ‘Testifying’ by Jacob Sullum (“It is hard to say how often this sort of thing happens, since prosecutors, judges, and jurors tend to discount the protestations of … Continue reading

Posted in Uncategorized | Comments Off on Reason: A Houston Drug Cop’s Murder Conviction Highlights the Potentially Deadly Consequences of ‘Testifying’

S.D.Ohio: City’s mowing unkempt yard wasn’t 4A violatoin

The city’s coming on to a sovereign citizen’s yard to mow it when he refused did not violate the Fourth Amendment. Prows v. City of Oxford, 2024 U.S. Dist. LEXIS 177976 (S.D. Ohio Sep. 30, 2024).* Defendant’s motion for return … Continue reading

Posted in Burden of pleading, Curtilage, Ineffective assistance, Rule 41(g) / Return of property, Trespass | Comments Off on S.D.Ohio: City’s mowing unkempt yard wasn’t 4A violatoin

E.D.Wis.: Vehicle of arrested parolee still subject to parole search when he had no access to it

Even though this parolee was arrested and in custody, the vehicle he was in was still subject to search even though he was out of control of it at the time. His search incident on parole argument fails, too, as … Continue reading

Posted in Ineffective assistance, Plain view, feel, smell, Probation / Parole search | Comments Off on E.D.Wis.: Vehicle of arrested parolee still subject to parole search when he had no access to it

CA1: Church rectory was objectively a single family dwelling; it had common living areas

It was reasonable for officers seeking a search warrant for a church rectory for child pornography to consider it a single-family dwelling. All the objective information was that it was single family residence. It turned out to be a residence … Continue reading

Posted in Particularity, Scope of search | Comments Off on CA1: Church rectory was objectively a single family dwelling; it had common living areas