CA11: GFE applies to particularity, too

The good faith exception applies to the particularity of this search warrant. It was reasonably narrow, and even if it could be narrowed more, it wasn’t obviously overbroad. United States v. Alford, 2018 U.S. App. LEXIS 21581 (11th Cir. Aug. 3, 2018):
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CA6: Franks violation overcomes qualified immunity in § 1983 case

In this § 1983 case, the officer provided false information in the affidavit for the search warrant that was critical to the finding of probable cause. Without that information, there was no probable cause. The district court’s finding that qualified immunity was overcome by the plaintiff is affirmed. McCallum v. Geelhood, 2018 U.S. App. LEXIS 21688 (6th Cir. Aug. 6, 2018).

Franks 2255 fails for lack of offer of proof. “Petitioner’s conclusory claim that his counsel was deficient for failure to investigate exculpatory evidence cannot prevail because he does not provide the court with more specific details regarding what the investigation would have revealed, including how the Government’s witnesses were not credible or why the search warrant was invalid. Petitioner does not even identify any of the alleged contradictions between the witnesses or their respective testimonies.” D’Amico v. United States, 2018 U.S. Dist. LEXIS 130436 (D. Md. Aug. 3, 2018).*

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Relevance of a Jesus Malverde statute

Not a Fourth Amendment case, but a relevance issue in drug cases: Was there prejudice from testimony about a Jesus Malverde statute? United States v. Valencia, 2018 U.S. App. LEXIS 21659 (8th Cir. Aug. 6, 2018)*:
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LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news

LA Times: Editorial: Bugging conversations between criminal defendants and their lawyers is bad news:

The Fourth Amendment protects against unreasonable searches and seizures, and under various court rulings that means government agents must first get warrants before listening in on private conversations in situations in which people have a reasonable expectation of privacy. But being locked up isn’t one of those situations.

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Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists

Washington Post: Subpoena for app called ‘Discord’ could unmask identities of Charlottesville white supremacists By Meagan Flynn:

Discord, which was started in 2015 as a secure chat app for videogamers, also happened to be conducive for white supremacists, white nationalists, neo-Nazis and other members of the alt-right movement who sought to keep their identities secret.

And a subpoena is all it takes with the Freedom of Association. But compare Zurcher v. Standford Daily where a search warrant was reasonably issued for a college newspaper for photographs of alleged violent protesters when the newspaper refused a subpoena.

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Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior

Talk Business: SmartDrive focuses on fleet safety using video to improve risky driver behavior by Jeff Della Rosa:
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CA7 decides Franks IAC claim on merits: there is PC and the GFE applies; the issuing magistrate was not intentionally or recklessly misled

Defendant raised a Franks IAC claim, and the Seventh Circuit deals with the merits of the claim to determine that there was no Fourth Amendment violation, therefore no IAC. The district court concluded there was no probable cause but the good faith exception applied. The Seventh Circuit holds there was probable cause on the totality, and the good faith exception applied. The officer in the affidavit didn’t detail the history of the CI, but it was reasonable under the circumstances, and it was clear that it wasn’t to hide information from the issuing magistrate. Edmond v. United States, 2018 U.S. App. LEXIS 21583 (7th Cir. Aug. 3, 2018):
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D.D.C.: Flight from a potential encounter in a high crime area is RS; detention after that was reasonable based on collective knowledge

Flight from a potential encounter in a high crime area is reasonable suspicion. Detention after that was reasonable based on collective knowledge. The court also addresses at length vertical and horizontal collective knowledge and follows the Fourth Circuit rule that is based on Hensley and promotes promptness and efficiency. United States v. Gorham, 2018 U.S. Dist. LEXIS 131088 (D.D.C. Aug 05, 2018) (yes, filed on Sunday):
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CA6 declines to decide a clear 4A PC issue that would result in affirmance just to decide on good faith

The search warrant was based on three controlled buys out of defendant’s house. Instead of just saying that that is probable cause, which it obviously is (although the panel kind of merely suggests it might be a close call by its citation of authority, but it is dodging the probable cause issue), the court instead decides the case on the good faith exception. United States v. Robinson, 2018 U.S. App. LEXIS 21522 (6th Cir. Aug. 3, 2018). [This shows that, in the Sixth Circuit at least, the good faith exception is more important than probable cause, which pulls the probable cause requirement inside out. If the probable cause issue is close, show why it is close, and then move to the good faith exception. Don’t be judicially dishonest and just decide good faith. The Fourth Amendment has a probable cause requirement, remember?]

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GA: Probate judge could issue SW under state law

It wasn’t a violation of state law that a probate judge signed the search warrant in this case. Joyner v. State, 2018 Ga. App. LEXIS 474 (Aug. 3, 2018).

Defendant’s DNA was found on bullet casings, and that was added to the affidavit for search warrant for his house which was issued nine days after the shooting. Probable cause shown on the totality. State v. Andrews, 2018-Ohio-3050, 2018 Ohio App. LEXIS 3293 (8th Dist. Aug. 2, 2018). [The significance here is that I can never get my state crime lab to admit that this can even be done.]

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OK: Trial court’s granting motion to suppress without even considering GFE on state’s request was an abuse of discretion

The trial court abused its discretion in granting the motion to suppress the search warrant without even considering the good faith exception after the state raised it. State v. Haliburton, 2018 OK CR 28, 2018 Okla. Crim. App. LEXIS 28 (Aug. 3, 2018).

Defendant’s motion to transfer venue to the N.D. Cal. is granted. More witnesses are there, and the search occurred there. As to the latter, it’s a factor in granting transfer. United States v. Prasad, 2018 U.S. Dist. LEXIS 130971 (E.D. Cal. Aug. 4, 2018).

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CA9: No justification for probation search of locked bedroom of non-probationer roommate brother

Defendant lived with his brother who was on probation in a locked room. Officers came to conduct a probation search of the brother, and it was unreasonable to search defendant’s locked room. They had no reason to believe the brother had any control over the locked room. Protective sweep is also rejected. United States v. Franco, 2018 U.S. App. LEXIS 21598 (9th Cir. Aug. 3, 2018):
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