S.D.Ohio: Govt doesn’t overcome right of access to seek to seal SW materials

The defense moved for access to search warrant materials for a potential motion to suppress. The government moved to seal them. The government’s motion is denied. There is generally a right of access in search warrant materials by the defendant and the public. United States v. Campbell, 2021 U.S. Dist. LEXIS 93985 (S.D. Ohio May 18, 2021).

A gang officer saw what appeared to him to be a hand-to-hand transaction from a Jeep. He went to inquire and smelled fresh marijuana. That led to probable cause to search. People v. Moore, 2021 Cal. App. LEXIS 412 (3d Dist. Apr. 26, 2021)* (and California is a recreational marijuana state).

Qualified immunity applied to prison officials checking in on telephone calls between the plaintiff inmate and his civil attorney to confirm they were legal calls in 2008. It was not clearly established by then it was an unreasonable search. “Because we hold that Baker is entitled to qualified immunity, we decline to address the merits of Baker’s Fourth Amendment claim.” Evans v. Skolnik, 2021 U.S. App. LEXIS 14728 (9th Cir. May 18, 2021).

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