S.D.Cal.: If you’re suing over a SW issued on false allegations, somebody has to put the SW papers in the MSJ pleadings; nobody did, so denied

This is an excessive force and illegal search claim where plaintiff claimed her husband was unreasonable killed in violation of the Fourth Amendment and state law. It also included a claim that the search warrant was obtained by judicial deception. On that count, neither party put the search warrant papers in the summary judgment materials, so that’s denied. Kendrick v. County of San Diego, 2018 U.S. Dist. LEXIS 42185 (S.D. Cal. Mar. 14, 2018).

The trial court erred in finding defense counsel was ineffective for not challenging the frisk of his person. On the merits of the frisk, there was reasonable suspicion based on extreme nervousness and his refusal to talk. Therefore, no prejudice and no IAC. Milledge v. State, 2018 S.C. LEXIS 29 (Mar. 14, 2018).*

Not a Fourth Amendment case but relevant on conflict of laws: Miranda doesn’t apply to defendant’s statement in Canada about a Massachusetts homicide, and the deterrence rationale of the exclusionary rule could not apply to them. Commonwealth v. Wright, 2018 Mass. LEXIS 159 (Mar 15, 2018).

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