Author Archives: Hall

OH10: Window tint violation justified impoundment and inventory, even though discretionary

Under the inventory policy, the police had the discretion to impound vehicles with excessive window tint, even though they did not apply impoundment uniformly. State v. Hall-Johnson, 2022-Ohio-3512, 2022 Ohio App. LEXIS 3308 (10th Dist. Sep. 30, 2022). An investigation … Continue reading

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NY2: Franks claim has to be fully developed; it’s more than just a false statement

Franks claim fails for failure to show how the alleged false statements undermined the probable cause. “The defendant failed to meet his burden of controverting the warrant, as he failed to analyze, must less establish, that after the excise of … Continue reading

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DC: Gant search incident for open containers did not permit search of a small plastic box

A Gant search incident of a vehicle authorized for open containers of alcohol didn’t permit a more intense search of a plastic “otter box” finding PCP. Smith v. United States, 2022 D.C. App. LEXIS 326 (Sep. 29, 2022). The state … Continue reading

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CA11: Questions about travel plans were not an unreasonable extension of a traffic stop

The officer’s questions about travel plans were not an unreasonable extension of a traffic stop. United States v. Turner, 2022 U.S. App. LEXIS 27280 (11th Cir. Sep. 29, 2022). Officers approaching defendant’s car where he was asleep was not a … Continue reading

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SC: Request for consent with “do you mind” met with “I do but …” not voluntary. Also no RS for continuing stop.

“Here, even after accepting the trial court’s factual findings as we must do since they are supported by some evidence, we conclude that Hall lacked reasonable suspicion as a matter of law pursuant to de novo review.” As to consent, … Continue reading

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CA1: Road rage incident day before justified search incident of car for weapon involved

Defendant was driving a white Corvette and he allegedly was involved in a road rage incident with occupants of a landscaping truck where he flashed a gun. An APB was put out for him, and he was stopped the next … Continue reading

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M.D.Tenn.: Failure to mention in a warrant application that CI was getting leniency is not a Franks violation

Failure to mention in a warrant application that the CI was getting leniency is not a Franks violation. (It’s practically common knowledge they probably are.) Robinson v. United States, 2022 U.S. Dist. LEXIS 174791 (M.D. Tenn. Sep. 27, 2022):

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PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

The search warrant here was for three separate locations which is not per se unreasonable. However, the probable cause showing was lacking because it was based on mere suspicion that a firearm was in one of three possible places. The … Continue reading

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N.D.N.Y.: Lack of consent no defense to a probation search

Lack of consent is no defense to a probation search. United States v. Lombardo, 2022 U.S. Dist. LEXIS 173618 (N.D.N.Y. Sep. 20, 2022).* Defendant was detained after furtive gestures. He ultimately voluntarily spoke to the officers. There was no constitutional … Continue reading

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OH9: Def opened a safe for the police but never argued he had a REP in the contents so no standing

Defendant opened a safe for the officers. His wife said that it was hers and she had it before they were married. Defendant didn’t even argue he had a reasonable expectation of privacy in the safe. Therefore, he didn’t show … Continue reading

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S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district

“The Court will not interfere with the Government’s review of the laptop pursuant to a search warrant obtained from a different Court — except to require the Government to submit a status update no later than October 28, 2022. As … Continue reading

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CA6: District Court cannot order search of juror’s cell phone to investigate alleged juror misconduct

In a hearing on alleged juror misconduct, the district court cannot order the juror’s cell phone to be searched for evidence of what happened. In re Sittenfeld, 2022 U.S. App. LEXIS 26700 (6th Cir. Sep. 23, 2022). Plaintiff’s complaint against … Continue reading

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NV: Protective sweep doesn’t require a prior arrest and state didn’t articulate the RS of potential danger for it

“While we hold that a protective sweep does not require a prior arrest, we conclude that the district court correctly concluded that the search performed here was not a lawful protective sweep because it was not based on articulable facts … Continue reading

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CA11: Declaratory judgment suit over search properly dismissed as interfering with criminal process

Plaintiff sought a declaratory judgment about a search issue underlying a criminal investigation. The district court dismissed because there was a remedy in the investigation, if it gets that far. Affirmed. Hawk Innovative Tech, LLC v. United States, 2022 U.S. … Continue reading

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IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

Under dual sovereignty, the federal court’s suppression of evidence in defendant’s federal criminal case had no preclusive effect on a following state court prosecution. The identity of the parties was different. On the merits, the state court concludes there was … Continue reading

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ID: Def’s claim he needed an ambulance during a stop extended it, not the officer

Defendant was lawfully stopped for a traffic offense. He claimed he needed an ambulance and one was called for him. While the EMTs were attending to him the officer started on his report of the stop. He asked defendant for … Continue reading

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CA5: Car could be towed and inventoried rather than left at gas pumps

Officers observed two traffic violations and stopped him at gas pumps. An old arrest warrant surfaced. Leaving the car at the gas pump was not reasonable–it could be towed and inventoried. United States v. Walker, 2022 U.S. App. LEXIS 26405 … Continue reading

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D.V.I.: 911 call from a child was exigency to go to the back door too

A 911 call from a child on the premises was exigency for going to the door. When the door was open, the police could see through to the backyard that there were marijuana plants growing there. The initial exigency, however, … Continue reading

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E.D.Va.: Defense counsel’s failure to file a motion to suppress not a ground to withdraw a guilty plea

It is settled in most courts that failure to pursue a motion to suppress is a ground to set aside a guilty plea. United States v. Foster, 2022 U.S. Dist. LEXIS 170198 (E.D. Va. Sep. 20, 2022).* [People plead guilty … Continue reading

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IA: Federal reverse silver platter of anticipatory SW was valid

Defendant was the target of an anticipatory federal search warrant for drugs. The federal government instead let the state prosecute. The Iowa constitution, however, does not permit anticipatory search warrants. Defense counsel didn’t raise the state constitutional issue before trial. … Continue reading

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