Daily Archives: December 10, 2024

PA: State failed in its burden of proof on inventory policy

The state failed to put on proof of the impoundment and inventory policy, so the trial court erred in finding it was reasonable. Commonwealth v. Brinson, 2024 PA Super 293, 2024 Pa. Super. LEXIS 536 (Dec. 9, 2024). Defendant’s car … Continue reading

Posted in Abandonment, Burden of proof, Exclusionary rule, Inventory, Standing | Comments Off on PA: State failed in its burden of proof on inventory policy

CA8: Car on car hauler’s tractor trailer still mobile for automobile exception

Defendant shipped a car on a car hauler paying in advance. All things considered, the hauler suspected drugs were involved because it had happened to him before. He called HSI which came to investigate. On the totality, there was probable … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Automobile exception | Comments Off on CA8: Car on car hauler’s tractor trailer still mobile for automobile exception

ND: Calling 911 about OD’g child in your house is exigency for entry

Calling 911 that the child you’re caring for OD’ed on your fentanyl is consent to their emergency entry. State v. Gothberg, 2024 ND 217, 2024 N.D. LEXIS 221 (Dec. 5, 2024). 2255 petitioner pled guilty knowing the facts of the … Continue reading

Posted in Dog sniff, Emergency / exigency, Ineffective assistance, Issue preclusion | Comments Off on ND: Calling 911 about OD’g child in your house is exigency for entry

E.D.Mo.: Squatter owner had knowledge of still had no standing

Defendant was essentially a squatter who was wrongfully on the premises and had no standing. The owner lived on the second floor, and he squatted on the first floor for months. The building was condemned. His claim the owner’s tolerating … Continue reading

Posted in Consent, Excessive force, Good faith exception, Standing | Comments Off on E.D.Mo.: Squatter owner had knowledge of still had no standing

TN: Def’s dashcam was searched with a warrant

Defendant had a dashcam, and the officer got a warrant for it. While the video was bad, the audio supported the basis for the stop. State v. Callahan, 2024 Tenn. Crim. App. LEXIS 546 (Dec. 6, 2024).* There was reasonable … Continue reading

Posted in Reasonable suspicion, Surveillance technology | Comments Off on TN: Def’s dashcam was searched with a warrant

ABAJ: What laws could Trump invoke to fast track deportations?

ABAJ: What laws could Trump invoke to fast track deportations? by Debra Cassens Weiss (“‘The Insurrection Act does not (and could not) authorize the violation of constitutional rights,’ she writes. ‘For instance, if soldiers deployed under the Insurrection Act searched … Continue reading

Posted in Immigration arrests | Comments Off on ABAJ: What laws could Trump invoke to fast track deportations?