{"id":1363,"date":"2007-09-16T18:10:18","date_gmt":"2007-09-16T10:40:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-09-16T10:40:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1363","title":{"rendered":"Plaintiff who suppressed evidence twice<\/em> did not get benefit of collateral estoppel bar in civil case against officers"},"content":{"rendered":"

The plaintiff in a \u00a7 1983 case won his suppression motion in state court, and then he filed his civil case in 2005. After that, he was indicted federally for the same search and seizure, and that motion to suppress was granted, too. The government moved to dismiss the indictment. Then, he was indicted for a drug conspiracy that did not include the unlawfully seized evidence, and he was convicted and sentenced to 120 months. On the officers’ motion for summary judgment in the \u00a7 1983 case, it was held that the different parties precluded the use of collateral estoppel because of the different parties. Pair v. Wilson, 2007 U.S. Dist. LEXIS 67921 (N.D. Fla. July 27, 2007).*<\/p>\n

On remand for taking of additional evidence on a suppression issue, the law of the case doctrine generally prohibits reopening the suppression motion for other matters already determined. United States v. Wecht, 2007 U.S. Dist. LEXIS 67795 (W.D. Pa. September 13, 2007): “Defendant proffers no new evidence, new law or other extraordinary reasons why this Court should not follow the law of the case, except with regard to those matters that have been ‘reopened’ by the decision of the Court of Appeals and this Court’s sua sponte scheduling order.”<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1363","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1363","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1363"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1363\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1363"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1363"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1363"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}