S.D.N.Y.: Destruction of surveillance cameras before search not a “seizure” or due process violation

The government destroyed defendant’s surveillance cameras as a part of the search just before it started. He asserts a Fourth Amendment and Fifth Amendment due process claim as a result. The court finds no authority that disabling the cameras was a seizure. It also finds no due process violation from preventing creation of evidence that might not prove anything. United States v. Butt, 2019 U.S. Dist. LEXIS 20056 (S.D. N.Y. Feb. 6, 2019):
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Law & Crime: North Carolina Sheriffs Clash With ICE Officials After Series of Unwanted Immigration Raids

Law & Crime: North Carolina Sheriffs Clash With ICE Officials After Series of Unwanted Immigration Raids by Colin Kalmbacher:
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N.D.Okla.: “firearms are tangible objects of habitual retention” and that overcomes def’s staleness argument

“Officer Campbell averred that, based on her experience and training, she knows that firearms are tangible objects of habitual retention, and once a person acquires a firearm, he or she usually keeps said weapon for a long period of time.” [Certainly, the court knows this to be true.] That overcomes defendant’s staleness argument. United States v. Pierson, 2019 U.S. Dist. LEXIS 19697 (N.D. Okla. Feb. 7, 2019).

On 2254, petitioner’s Fourth Amendment claim is procedurally defaulted for not having been previously raised, and it is also rejected under Stone v. Powell. Roberts v. Wasden, 2019 U.S. Dist. LEXIS 19361 (D. Idaho Feb. 4, 2019).*

A police officer’s observation of the speed of a car can support probable cause it was speeding. State v. Gentry, 2019 Iowa App. LEXIS 135 (Feb. 6, 2019).*

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D.D.C.: Protective order issued to keep def from seeing body camera videos in discovery

There were several body camera videos relating to this case as well as the search and seizure. The issue here is the scope of a protective order to keep defendant from seeing. The government met its burden of showing good cause for the protective order because the defendant was accused of robbing a GrubHub driver on the street and had his cell phone number. The victim should not be further identified until trial. United States v. Dixon, 2019 U.S. Dist. LEXIS 20576 (D.D.C. Feb. 8, 2019).*

The CI’s information was properly corroborated to show probable cause. United States v. Etienne, 2019 U.S. Dist. LEXIS 18595 (N.D. Cal. Feb. 6, 2019).*

CSLI obtained by court order in 2017 was valid under the good faith exception. United States v. Turner, 2018 U.S. Dist. LEXIS 220928 (N.D. Ga. Dec. 20, 2018),* adopted, 2019 U.S. Dist. LEXIS 18089 (N.D. Ga. Feb. 5, 2019).*

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WA: State attenuation is more narrow than the 4A’s, and here it wasn’t satisfied

The attenuation doctrine applies under the Washington Constitution, but it is more narrowly applied than the Fourth Amendment’s. Here is it not satisfied, and there are no intervening circumstances. State v. Mayfield, 2019 Wash. LEXIS 70 (Feb. 7, 2019):
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W.D.N.Y.: No IAC for trial strategy def had nothing to do with house, which denies him standing to contest search

Defendant disavowed any connection at trial to a particular house as a trial strategy. Thus, it was not ineffective assistance of counsel for not moving to suppress the search of a house he thus lacked standing in–defendant would not have prevailed on a motion to suppress if one had been filed on the merits, either. United States v. Pierce, 2019 U.S. Dist. LEXIS 19353 (W.D. N.Y. Feb. 7, 2019).*

Defendant’s oversearching claim for searching his camper is rejected because the search warrant permitted it. People v. Madigan, 2019 NY Slip Op 00999, 2019 N.Y. App. Div. LEXIS 998 (4th Dept. Feb. 9, 2019).*

In an alleged sex offense, there was probable cause shown to seize bedding and clothing for DNA. State v. Shannon, 2019-Ohio-421, 2019 Ohio App. LEXIS 438 (11th Dist. Feb. 8, 2019).*

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S.D.N.Y. concludes there is a somewhat limited common law right of access to the SW materials in the Michael Cohen case

On the motion of media organizations’ for access to the search warrant materials in the Michael Cohen case, the S.D.N.Y. concludes there is a limited common law right of access to the search warrant materials. Contrary to other courts, the court also concludes that there is no right of access under the First Amendment to the materials. Granted in part, denied in part, and the government should propose possible redactions. United States v. Cohen, 2019 U.S. Dist. LEXIS 20107 (S.D. N.Y. Feb. 7, 2019):
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CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

Officers who visited plaintiff in his hospital room he shared with another were sued for allegedly violating his reasonable expectation of privacy. There is no clear controlling authority, and the officers get qualified immunity [and the issue goes undecided]. Bonds v. Univ. of Cincinnati Med. Ctr., 2019 U.S. App. LEXIS 3827 (6th Cir. Feb. 6, 2019).*

The officer had probable cause for the search of defendant’s car, and defendant’s alleged drug dealing gave him probable cause to believe that he had drugs on his person justifying a search incident. United States v. Davis, 2019 U.S. App. LEXIS 3685 (4th Cir. Feb. 6, 2019).*

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CA7: QI barred § 1983 over forced prison blood draw

Plaintiff is an inmate in prison who was ordered to give a blood test when prison officials decided he wasn’t acting right and might be high. His suit over the prison’s forced blood draw is barred by qualified immunity. Holm v. Casiana, 2019 U.S. App. LEXIS 3714 (7th Cir. Feb. 6, 2019).*

The evidence fairly supported the conclusion there was probable cause for defendant’s arrest. There were five search warrants in all in the case, and there was probable cause for all of it, and the good faith exception does not need to be addressed. People v. Westerfield, 2019 Cal. LEXIS 637 (Feb. 4, 2019).*

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CA9: Ptf’s affidavit there was no announcement before battering ram broke in her door makes her civil case survive summary judgment

Plaintiff showed enough of a fact question that officers never announced they were attempting to enter on a search warrant, breaking in her door, to survive their motion for summary judgment. They said, she said. Greiner v. Wall, 2019 U.S. App. LEXIS 3850 (9th Cir. Feb. 7, 2019).*

2254 habeas petitioner is denied a certificate of appealability on the merits of his claim. He had a full and fair opportunity to litigate his search and seizure issue through the state courts and trial, appeal, and post-conviction. Stone v. Powell bars relief in federal court. West v. Bryant, 2019 U.S. App. LEXIS 3842 (10th Cir. Feb. 7, 2019).*

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DE: Untimely motion to suppress properly denied; def would lose on the merits anyway

Failure to file a motion to suppress before trial constituted a waiver of claims regarding the admissibility of items found at defendant’s garage. There was no plain error in the application of the inevitable discovery rule because it was clear that police would have inevitably discovered the address of the garage though other lawful means, such as walking up to and looking at the garage mailbox, without needing to test defendant’s keys. The affidavit for the search warrant showed a nexus between drug dealing and the garage–it provided at least two observations of illegal and suspicious activity there, including defendant illegally purchasing a firearm at the garage. Bradley v. State, 2019 Del. LEXIS 48 (Feb. 4, 2019).*

Defendant’s argument on post-conviction that trial counsel was ineffective was not sufficiently formulated to even be decided. Hoskins v. State, 2019 Iowa App. LEXIS 106 (Feb. 6, 2019).*

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IA: Def’s consent to patdown for weapons wasn’t consent to open container that could not have contained a weapon

Defendant consented to a patdown for weapons. Removing an object and opening it that couldn’t be holding a weapon exceeded the consent. State v. Hampton, 2019 Iowa App. LEXIS 108 (Feb. 6, 2019).

The evidence the police gathered showed that defendant was likely attempting to make child pornography by getting his 12 year old son to have sex with a minor so he could record it. They also had evidence that defendant apparently admitted having some child pornography on his computer. There was probable cause, but, even if not, the good faith exception allowed the search warrant obtained evidence to be admissible. United States v. Evans, 2019 U.S. Dist. LEXIS 18981 (E.D. Mich. Feb. 6, 2019).*

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