Daily Archives: November 28, 2024

D.Nev.: In a § 242 prosecution, defense expert can’t testify to PC

In a § 242 prosecution for violating civil rights, the defense proposed expert is barred from opinion on whether probable cause existed for the arrest. “Whether a given set of facts constitutes probable cause to arrest or charge for a … Continue reading

Posted in Admissibility of evidence, Issue preclusion, Pretext, Probable cause | Comments Off on D.Nev.: In a § 242 prosecution, defense expert can’t testify to PC

CA10: Gant permits search for DL in car when def fails to identify himself

Gant search incident permits a search for a driver’s real driver’s license in a car when he fails to properly identify himself. United States v. Pinder, 2024 U.S. App. LEXIS 29995 (10th Cir. Nov. 26, 2024). Complaining generally about a … Continue reading

Posted in Burden of pleading, Dog sniff, Ineffective assistance, Search incident | Comments Off on CA10: Gant permits search for DL in car when def fails to identify himself

D.Or.: Taking iPhone 6 apart and putting new firmware to make it work wasn’t a “search” for information

Taking an iPhone 6 apart, putting it back together, and installing new firmware to make it work was not a “search” because that process was not to obtain information. [Well, that was the ultimate goal, wasn’t it?] United States v. … Continue reading

Posted in Cell phones | Comments Off on D.Or.: Taking iPhone 6 apart and putting new firmware to make it work wasn’t a “search” for information

CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

Defendant chose to go pro se at the suppression hearing, grudgingly accepting standby counsel. After the motion to suppress was denied, he claimed ineffective assistance by standby counsel for not doing more. But that’s not standby counsel’s role. United States … Continue reading

Posted in Cell phones, Probation / Parole search, Qualified immunity, Suppression hearings | Comments Off on CA8: Pro se def’s standby counsel not ineffective at suppression hearing; not counsel’s role

WY: Courthouse entry search valid under “special needs”

Defendant entered a courthouse, and the metal detector went off on a small can on him which he opened on request revealing meth. These searches are valid as “special needs.” Russell v. State, 2024 WY 126, 2024 Wyo. LEXIS 128 … Continue reading

Posted in Custody, Special needs | Comments Off on WY: Courthouse entry search valid under “special needs”

OH12: Stop for riding bicycle in center of road led to RS for frisk

Defendant’s stop was for riding a bicycle in the center of the road, but when finally stopped, he had a large sheathed knife on him, and that justified a frisk. State v. Hayes, 2024-Ohio-5545 (12th Dist. Nov. 25, 2024).* “Defendant … Continue reading

Posted in Protective sweep, Reasonable suspicion, Warrant papers | Comments Off on OH12: Stop for riding bicycle in center of road led to RS for frisk