Defendant’s blanket assertions, without backup from the witness, that the woman in control of the premises where he allegedly stayed retrieved his gun under coercion by the police was insufficient to show that consent was not valid or he had standing in the first place. United States v. Brewster, 2009 U.S. Dist. LEXIS 25849 (D. Idaho March 27, 2009).* (This seems a little harsh. Is the court saying an affidavit from her would have gotten him a hearing? The court adds that he can cross-examine her at trial, but that would not permit suppression, would it?)<\/p>\n
Informant’s untruthfulness does not get you a hearing under Franks<\/a>. United States v. Tunnell, 2009 U.S. Dist. LEXIS 25537 (D. Del. March 25, 2009).*<\/p>\n In a local jail strip search class action case, the defendants argue that Bell v. Wolfish<\/a> no longer applies under Hudson v. Palmer<\/a>, but the court disagrees, based on holdings of various Circuits. Hocevar v. GEO Group, 2009 U.S. Dist. LEXIS 25990 (E.D. Pa. March 24, 2009)*:<\/p>\n Although it is difficult to precisely characterize the collective holdings of these cases, especially considering the fact-sensitive nature of reasonableness analysis, suffice it to say that all nine circuits found suspicionless strip searches of recently arrested persons unreasonable and therefore unconstitutional. Swain v. Spinney, 117 F.3d 1, 7 (1st Cir. 1997); Masters v. Crouch, 872 F.2d 1248, 1255 (6th Cir. 1989); Weber v. Dell, 804 F.2d 796, 802 (2d Cir. 1986); Jones v. Edwards, 770 F.2d at 741-42; Stewart, 767 F.2d at 156-57; Giles v. Ackerman, 746 F.2d at 617; Hill v. Bogans, 735 F.2d at 394-95; Mary Beth G., 723 F.2d at 1273; Logan v. Shealv, 660 F.2d at 1013. 11 These courts held that, to be reasonable, custodial strip searches of detained arrestees must be predicated on reasonable suspicion. The “[r]easonable suspicion may be based on such factors as the nature of the offense, the arrestee’s appearance and conduct, and the prior arrest record.” Giles v. Ackerman, 746 F.2d at 617.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading