Author Archives: Hall

IL: Circumstances made SW affidavit admissible at trial

The trial court abused its discretion in not permitting the defense to use the search warrant affidavit at trial that showed the warrant was targeting another person for other things other than what was found. The court cautions this may … Continue reading

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Professional Responsibility in Criminal Defense Practice (4th ed. 2023) now on Westlaw

The author’s Professional Responsibility in Criminal Defense Practice (4th ed. 2023) uploaded to Westlaw this morning. The book and ebook will be on the Thomson Reuters bookstore shortly. The table of contents is here. The first edition was published in … Continue reading

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IN: Fundamental (plain) error of S&S claims requires the evidence be fabricated, not just unconstitutionally obtained

The fundamental error avenue to appeal an unobjected to search and seizure claim requires a showing that the evidence was all fabricated, not just that the search was bad. Evidence obtained by search and seizure is usually highly relevant to … Continue reading

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USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’

USA Today: A camera mounted on a light pole took video of police beating Tyre Nichols. What to know about ‘SkyCop.’ by Claire Thornton:

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Galveston Co. Daily News: Galveston SWAT team wrecks wrong house in search for wrong suspect

The Galveston Co. Daily News: Galveston SWAT team wrecks wrong house in search for wrong suspect by Trace Harris:

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E.D.Cal.: Def had standing in car he was driving with permission of owner

As the driver of the car and the person with lawful possession, defendant had standing to challenge the search of the car he didn’t own. The GPS warrant for it was based on probable cause, and the warrant for firearms … Continue reading

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D.Haw.: Specific exigency not required for automobile exception search

Defendant’s car could be searched under the automobile exception while it was parked at his mother’s condo. Exigency isn’t specifically required. United States v. Chan, 2023 U.S. Dist. LEXIS 14062 (D. Haw. Jan. 27, 2023).* Even if defendant’s otherwise objectively … Continue reading

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Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN

Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN:

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GA: Sound of shuffling of feet after announcement of raid justified entry in 3 seconds; no weapons found

Officers entered within about three seconds after announcing and hearing shuffling of feet. Defendant was sitting on the couch, and there were no firearms. The test is whether there is a reasonable possible fear of firearms in the house that … Continue reading

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WY: In felony domestic battery case, state showed nexus that evidence could likely be found in def’s journal

Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the … Continue reading

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W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

Defendant’s Franks motion fails. Defendants’ use of a water emoji could have been a reference to sex, but it could also be a reference to methamphetamine, as has come up in police training and in other cases such as United … Continue reading

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W.D.Ky.: Allowing theft from house after a search had a state remedy, so no § 1983 remedy

Plaintiff alleged the Sheriff’s Office, after a search, gave the keys to his place to a convicted felon who stole from him. He has a state remedy, not a § 1983 remedy. Stone v. Taylor Cty. Sheriff Dep’t, 2023 U.S. … Continue reading

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NJ: SDT for S&W records on use of its products in NJ was enforced; 1A and other claims preserved

Subpoenas for documents under the state Consumer Fraud Act about the ability of average consumers to use plaintiff’s firearms for personal or home defense were enforceable under the Fourth Amendment. Plaintiff’s claims under other amendments are preserved for later. Platkin … Continue reading

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W.D.Tex.: Tasering a suspect before search of the person didn’t taint the search

Tasering a suspect before a search of the person doesn’t taint the search. They were unconnected. United States v. Turner, 2023 U.S. Dist. LEXIS 12453 (W.D. Tex. Jan. 25, 2023).* Defendant in his 2255 doesn’t show ineffective assistance of counsel … Continue reading

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VA: Statute passed one year after search that smell couldn’t be basis didn’t apply retroactively

A statute passed a year after this search that the odor of marijuana was no longer probable cause didn’t apply retroactively here. It says “in violation of this statute,” so that’s prospective only. Loeper v. Commonwealth, 2023 Va. App. LEXIS … Continue reading

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CA8: Post-trial assertion of 4A issue was waived

Defendant’s post-trial claim that the tracking warrant used to find him expired three weeks before the arrest was waived by not having been filed pretrial. Even if plain error is applied, “we agree with the district court there was no … Continue reading

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UNC: The Law and Practice of No-Knock Search Warrants in North Carolina

UNC School of Government: The Law and Practice of No-Knock Search Warrants in North Carolina by Jeffrey B. Welty:

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NBC: Men imprisoned for murder say police illegally used Google to find their location data

NBC: Men imprisoned for murder say police illegally used Google to find their location data by Jon Schuppe (“Geofence warrants allow police to comb through Google location data in search of suspects. Opponents say that violates the Constitution.”)

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E.D.N.Y.: Village’s Scofflaw law permitting seizure of vehicles for nonpayment of parking tickets violates lessor owner’s 4A rights in vehicle

The plaintiff Toyota Lease Trust owns vehicles it leases to individuals. One of plaintiff’s lessees ran up $1000 in unpaid parking tickets and the Village of Freeport seized the vehicle under its Scofflaw law. The seizure violated the owner’s Fourth … Continue reading

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D.N.J.: Civilly committed for NGBRI verdicts have no 4A rights in their cells

The civilly committed for NGBRI verdicts have no Fourth Amendment against cell searches. Lopez v. CEO of Ancora Psychiatric Hosp., 2023 U.S. Dist. LEXIS 12248 (D.N.J. Jan. 24, 2023), citing Glazewski v. Barnett, 2022 WL 2046921, at *3-4 (D.N.J. June … Continue reading

Posted in Franks doctrine, Ineffective assistance, Prison and jail searches | Comments Off on D.N.J.: Civilly committed for NGBRI verdicts have no 4A rights in their cells