IA: With a judicial finding of PC, there’s no immediate right to release on bail without a bail hearing

There was probable cause for arrest involving a magistrate’s issuance of the warrant. Because there is probable cause, there’s no right to immediate release on bond under the state and federal constitutions’ bail provisions. Howsare v. Iowa Dist. Court for Polk Cty., 2023 Iowa Sup. LEXIS 16 (Feb. 17, 2023).

The officer had a basis for stopping defendant before he even fled, and that added numerous other traffic offenses to the mix. Even if the stop was pretextual, subjective motivations aren’t relevant. United States v. Robinson, 2023 U.S. Dist. LEXIS 27013 (N.D. Iowa Jan. 13, 2023),* adopted, 2023 U.S. Dist. LEXIS 26340 (N.D. Iowa Feb. 16, 2023).*

The breadth of this search warrant in a wire fraud and money laundering case was not unreasonable. “The warrant here is strikingly similar to the one in Yusuf. In both cases, the Government sought a broad range of business records relating to multi-year schemes of mail fraud and a money laundering conspiracy. The alleged schemes here were arguably broader than those in Yusuf since they involved vastly larger sums and many more defrauded clients, and they therefore needed much more information to put together. Despite this greater breadth, the warrants here were precisely as limited as those in Yusuf: the Government sought Guaranteed Returns’s records relating to five enumerated federal offenses, identified by statutes, and limited to a ten-year period. This warrant is not impermissibly general.” And the good faith exception applies. United States v. Fallon, 2023 U.S. App. LEXIS 3837 (3d Cir. Feb. 2, 2023).*

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