Archives for: November 2013, 04

11/04/13

Permalink 02:49:52 pm, by fourth, 86 words, 244 views   English (US)
Categories: General

PA overrules prior authority and holds trial evidence can no longer be considered on appeal of a motion to suppress

The trial evidence is no longer to be considered in Pennsylvania in deciding whether a motion to suppress was properly granted. Must be based on the suppression hearing evidence alone. Appeal Of: L. J., 79 A.3d 1073 (Pa. 2013).

The officer had reasonable suspicion to confront defendant, and defendant fled abandoning marijuana. The seizure was valid. State v. Jones, 128 So. 3d 436 (La. App. 5 Cir. 2013).*

There was reasonable suspicion that an officer observed defendant engage in a drug transaction justifying the stop. Butler v. State, 2013 Md. App. LEXIS 142 (November 1, 2013).*

Permalink 08:21:38 am, by fourth, 122 words, 208 views   English (US)
Categories: General

FL5: Defendant's conduct was objectively seen to be trespassing, and that was PC for arrest

“Because Champers' observed conduct was objectively suspicious [for criminal trespass], Deputy Sturrup did not violate Champers' Fourth Amendment rights by briefly detaining him to investigate his presence on the property. Accordingly, we reverse the suppression order and remand for further proceedings.” State v. Champers, 2013 Fla. App. LEXIS 17325 (Fla. 5th DCA November 1, 2013).*

The trial court made a credibility determination, which was its province, and sided with the state on whether the police could come to the door. It discounted the defendant’s testimony because the photographs were apparently manipulated. State v. Phillips, 2013 MT 317, 2013 Mont. LEXIS 443 (October 29, 2013).*

Defendant’s conditional plea did not conform to the rule so there is no jurisdiction for the appeal. Southern v. State, 2013 Ark. App. 623, 2013 Ark. App. LEXIS 643 (October 30, 2013).*

Permalink 08:09:08 am, by fourth, 174 words, 229 views   English (US)
Categories: General

DE: Uncontradicted proof of possessory interest in apt. showed standing

“The trial court erred in finding that Cooper did not have standing to challenge the search. Although Cooper did not introduce a lease or deed or other documentation, the evidence showed that Cooper had a possessory interest in the residence. Bradley's father testified that Bradley was living with Cooper. And the testimony of Bradley's mother twice referred to 2450 North Market as ‘Ms. Cooper's house.’ This witness testimony about Cooper's residency was unchallenged.” Cooper v. State, 80 A.3d 959 (Del. 2013).

Defendant waived review of the U.S.M.J.’s R&R by not seeking de novo review. Even so, defendant was arrested in his house and there was a protective sweep. He was Mirandized and spoken to in Spanish and consented, so the search is good on the merits. United States v. Brache, 543 Fed. Appx. 930 (11th Cir. 2013).

The motion to suppress was denied on the police report and the pleadings by agreement. The case is remanded to settle the record as to what exactly happened. Jones v. State, 2013 Ark. App. 611, 2013 Ark. App. LEXIS 640 (October 30, 2013).*

Permalink 07:59:34 am, by fourth, 110 words, 292 views   English (US)
Categories: General

CT: A suppression hearing is a search for the truth; reopening not abuse of discretion

A suppression hearing is a search for the truth, too, and the trial court acted within its discretion in permitting the state to reopen its proof. State v. Freeman, 2013 Conn. LEXIS 363 (November 5, 2013).

The search of the rental car was valid by probable cause and consent, and none of the defendants had standing as an authorized driver. United States v. Goode, 2013 U.S. App. LEXIS 22094 (3d Cir. October 30, 2013).*

The search of the rental car was valid for lack of standing. Text messages from a seized cell phone were properly authenticated. [Apparently no motion to suppress the seizure of the text messages was filed.] United States v. Mebrtatu, 543 Fed. Appx. 137 (3d Cir. 2013).*

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by John Wesley Hall
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Little Rock, Arkansas
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2013-14 Term:
  Riley v. California, granted Jan.17, argued Apr. 29 (ScotusBlog)
  United States v. Wurie, granted Jan.17, argued Apr. 29 (ScotusBlog)
  Plumhoff v. Rickard, granted Nov. 15, argued Mar. 4 (ScotusBlog)
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  Navarette v. California, granted Oct.1, argued Jan. 21 (ScotusBlog)
  Fernandez v. California, 134 S.Ct. 1126, 188 L. Ed. 2d 25 (Feb. 25) (ScotusBlog)

2012-13 Term:
  Maryland v. King, 133 S.Ct. 1958, 186 L.Ed.2d 1 (2013) (ScotusBlog)
  Missouri v. McNeeley, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) (ScotusBlog)
  Bailey v. United States, 133 S.Ct. 1031, 185 L.Ed.2d 19 (2013) (ScotusBlog)
  Florida v. Harris, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013) (ScotusBlog)
  Florida v. Jardines, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013) (ScotusBlog)
  Clapper v. Amnesty International USA, 133 S.Ct. 1138, 185 L.Ed.2d 264 (2013) (ScotusBlog)

2011-12 Term:
  Ryburn v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (2012) (other blog)
  Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012) (ScotusBlog)
  United States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (2012) (ScotusBlog)
  Messerschmidt v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (2012) (ScotusBlog)

2010-11 Term:
  Kentucky v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (2011) (ScotusBlog)
  Camreta v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (2011) (ScotusBlog)
  Ashcroft v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011) (ScotusBlog)
  Davis v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (2011) (ScotusBlog)

2009-10 Term:

  Michigan v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (2009) (per curiam) (ScotusBlog)
  City of Ontario v. Quon, 560 U.S. 746, 130 S.Ct. 2619, 177 L.Ed.2d 216 (2010) (ScotusBlog)

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  Herring v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (2009) (ScotusBlog)
  Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (ScotusBlog)
  Arizona v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (2009) (ScotusBlog)
  Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009) (ScotusBlog)
  Safford Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174 L.Ed.2d 354 (2009) (ScotusBlog)


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"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me

"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud

"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
Mapp v. Ohio, 367 U.S. 643, 659 (1961).

Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment.
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today."
Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property."
Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment."
United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth."
Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable."
Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."
Katz v. United States, 389 U.S. 347, 351 (1967)

“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

"You can't always get what you want / But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards

"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
Martin Niemöller (1945) [he served seven years in a concentration camp]

“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
Pepé Le Pew

"There is never enough time, unless you are serving it."
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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