Archives for: October 2010, 28
10/28/10
W.D.Ark.: No REP in a package without defendant's name or alias on it
Defendant had no reasonable expectation of privacy in a package in a controlled delivery anticipatory search case where the package was addressed to an alias that defendant did not use. The package came from a source city in the hands of FedEx, and it was subjected to a dog sniff en route. A warrant was issued when it arrived at the delivery city, and 1.3 lbs of cocaine was found inside. An anticipatory warrant was issued for the house for the controlled delivery. All the warrants were valid, and the good faith exception would apply anyway. United States v. Barker, 2010 U.S. Dist. LEXIS 113559 (W.D. Ark. October 14, 2010).*
The officer here had ample reasonable suspicion for defendant’s stop based on a prior drug deal and surveillance. The district court’s findings are supported by the record, and, on de novo review, it showed reasonable suspicion. United States v. Bailey, 622 F.3d 1 (D.C. Cir. 2010).*
Defendant was stopped with PC for a traffic violation, and, when defendant was out of the car, the officer saw a bulge in defendant’s waistband, which he asked about. Defendant reached for it, and the officer did, too, in case it was a weapon. It was a cigar box with a cellophane side which had marijuana in plain view. United States v. Alston, 2010 U.S. Dist. LEXIS 113529 (D. S.C. October 25, 2010).*
OH6: Defendant's apparent obvious mental disturbance was exigent circumstance
The police had exigent circumstances based on “information from appellant’s mother by which they could have reasonably inferred that appellant was agitated and possibly mentally disturbed. Certainly, appellant’s behavior in running from the car into the corn field, would have supported that inference.” State v. Sheffer, 2010 Ohio 5167, 2010 Ohio App. LEXIS 4353 (6th Dist. October 22, 2010), companion case at State v. Sheffer, 2010 Ohio 5165, 2010 Ohio App. LEXIS 4349 (6th Dist. October 22, 2010).*
Probable cause was shown by a link between defendant’s screen name and an IP address traced to defendant’s address, and “it was reasonable to infer that he had child pornography on the computer because he asked ‘Centralpamaster’ for photographs to view while masturbating.” State v. Shields, 124 Conn. App. 584, 5 A.3d 984 (2010).*
Officer’s mistake in stopping defendant with a special plate issued by the state without legal authority was a reasonable mistake of fact and not a mistake of law, so the stop was not invalid. State v. Horton, 150 Idaho 300, 246 P.3d 673 (App. 2010).*
LA4: Police lacked reasonable belief in apparent authority of defendant's mother in jointly used hotel room
Defendant was staying in a hotel room with his mother, and the police had no basis for concluding that she had apparent authority to consent to a search of the hotel room. All their information going in was that the defendant was in control and they had no information that gave her apparent authority. State v. Nicholas, 51 So. 3d 98 (La. App. 4th Cir. 2010)*:
Moreover, in marked contrast to Gettridge, Molette, and even Brown, the State presented no testimony indicating that Ms. Jones ever represented to Det. Stovall that she had the authority to consent to a search of her adult son's residence, which she happened to own. The only testimony was to the effect that she was asked to give consent and did so, not that the detective was in possession of any facts upon which he could rely to find that she had any authority. Instead, it appears that Det. Stovall simply believed that a hotel owner can give valid consent to the search of a hotel room. Considering the jurisprudence, such a belief is not reasonable nor does it justify the failure to seek a warrant before searching.
Defendant had no standing in a car as a passenger. It was rented by his girlfriend’s father and driven by her. His subjective expectation of privacy in his gun in the car was not one that society would recognize as reasonable. United States v. Thompson, 2010 U.S. Dist. LEXIS 113279 (D. Me. October 21, 2010).*
Defendant’s 2255 that included a claim that defense counsel did not challenge a search failed to show prejudice because of the overwhelming proof against him. United States v. Ruelas, 2010 U.S. Dist. LEXIS 113157 (C.D. Cal. October 12, 2010).*
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by John Wesley Hall
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Little Rock, Arkansas
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19) (ScotusBlog)
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2011-12 Term:
Ryburn
v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (Jan. 23,
2012) (other
blog)
Florence
v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (April 2,
2012) (ScotusBlog)
United
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Messerschmidt
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Kentucky
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Camreta
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Ashcroft
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Davis
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v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (Dec. 7, 2009) (per
curiam) (ScotusBlog)
City
of Ontario v. Quon, 130 S.Ct. 2619, 177 L.Ed.2d 216 (June 17, 2010) (ScotusBlog)
2008-09 Term:
Herring
v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (Jan. 13,
2009) (ScotusBlog)
Pearson
v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (Jan. 21, 2009)
(ScotusBlog)
Arizona
v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (Jan. 26, 2009)
(ScotusBlog)
Arizona
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(ScotusBlog)
Safford
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L.Ed.2d 354 (June 25, 2009) (ScotusBlog)
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—Me
—Williams
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J.), rev'd Nix v. Williams, 467 US. 431 (1984).
—Mapp
v. Ohio, 367 U.S. 643, 659 (1961).
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
— Terry
v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
—Entick
v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
—United
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—Chapman
v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
—Arizona
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—Katz
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—United
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—Mick Jagger & Keith Richards
—Martin Niemöller (1945) [he served seven years in a concentration
camp]
—Pepé Le Pew
—Malcolm Forbes
"The point of the Fourth Amendment, which often is not grasped by zealous officers,
is not that it denies law enforcement the support of the usual inferences which
reasonable men draw from evidence. Its protection consists in requiring that
those inferences be drawn by a neutral and detached magistrate instead of being
judged by the officer engaged in the often competitive enterprise of ferreting
out crime."
—Johnson
v. United States, 333 U.S. 10, 13-14 (1948)
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