CA9: Credibility findings re drug dog and handler are binding on appeal

Defendant’s package was opened in transit with a warrant after a dog sniff. After a three day suppression hearing, the district court found the dog handler credible and there was no misrepresentation of facts concerning the dog’s accuracy or training. On appeal, the defendant doesn’t get to revisit credibility findings. Franks burden not met. United States v. Kailihiwa, 2019 U.S. App. LEXIS 6105 (9th Cir. Feb. 28, 2019).

After indictment and during the trial preparation stage the government obtained an additional search warrant and admits that forensic examination will take a while. Add to that: one of its experts is under internal investigation. A continuance is granted. United States v. Carter, 2019 U.S. Dist. LEXIS 30859 (W.D. Ky. Feb. 27, 2019).*

Police officer’s off duty conduct involved illegal searches and surveillance of his ex-wife, and that can form the basis of discipline. City of Aurora v. Ass’n of Prof’l Police Officers, 2019 IL App (2d) 180375, 2019 Ill. App. LEXIS 106 (Feb. 27, 2019).*

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