Author Archives: Hall

CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless

Impeaching defendant’s trial testimony about the search of his property using his proffer agreement was prejudicial, but it was harmless on this record. They could have cross-examined without it. United States v. Grogan, 2025 U.S. App. LEXIS 2354 (6th Cir. … Continue reading

Posted in Admissibility of evidence, Inventory, Particularity, Probable cause | Comments Off on CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless

D.S.D.: Tribal officers governed by 4A and Indian Civil Rights Act

“The Fourth Amendment, not ICRA, applies here. For one thing, BIA officers are federal officers empowered by federal statute to act. For another, even if Dillon and Flute subjectively believed they were enforcing tribal law—which the Court is convinced of—they … Continue reading

Posted in Arrest or entry on arrest | Comments Off on D.S.D.: Tribal officers governed by 4A and Indian Civil Rights Act

CA9: Knock-and-announce failure doesn’t lead to suppression

Knock-and-announce failure doesn’t lead to suppression. United States v. Benlevi, 2025 U.S. App. LEXIS 2452 (9th Cir. Feb. 4, 2025). Police were called to a motel where a vehicle was illegally parked in a handicapped zone for an hour allegedly … Continue reading

Posted in Issue preclusion, Knock and announce, Plain view, feel, smell, Reasonable suspicion | Comments Off on CA9: Knock-and-announce failure doesn’t lead to suppression

D.Minn.: Rehashing 4A argument to USMJ isn’t a proper objection to the R&R

Defendant’s general objections to the R&R on his search claims don’t attempt to show the alleged errors in the USMJ’s reasoning and just rehashed the original arguments. Overruled, and adopted. United States v. Shaka, 2025 U.S. Dist. LEXIS 19267 (D. … Continue reading

Posted in Consent, Curtilage, Reasonable expectation of privacy, Tracking warrant | Comments Off on D.Minn.: Rehashing 4A argument to USMJ isn’t a proper objection to the R&R

OH5: Drug dog officer’s touching car to redirect dog wasn’t a search

The officer’s briefly touching the vehicle’s exterior to redirect the canine’s focus did not constitute a search. The dog’s certification and training were sufficient to establish its reliability, absent conflicting evidence from the defendant. This traffic stop was not unconstitutionally … Continue reading

Posted in Dog sniff, Franks doctrine, Search, Staleness | Comments Off on OH5: Drug dog officer’s touching car to redirect dog wasn’t a search

IN: Cell phone ping to locate missing 13-year-old was with exigent circumstances

The ping of defendant’s cell phone to find him when a 13-year-old girl went missing was based on exigency under state statute. Brooks v. State, 2025 Ind. App. LEXIS 19 (Jan. 31, 2025). All the factors supported reasonable suspicion: CI … Continue reading

Posted in Cell phones, Emergency / exigency, Geolocation data, Reasonable expectation of privacy, Reasonable suspicion, Staleness | Comments Off on IN: Cell phone ping to locate missing 13-year-old was with exigent circumstances

NY4: Def proved IAC for failure to move to suppress cell phone search

Defendant satisfied his burden showing that he received ineffective assistance of counsel in defense counsel’s failure to move to suppress his cell phone search. People v. Conley, 2025 NY Slip Op 00597 (4th Dept. Jan. 31, 2025).* The order suppressing … Continue reading

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TN: Ptf’s actions at DV call justified officers’ greater force

The totality of the circumstances, including the nature of the domestic violence call, appellant’s armed presence near the scene, his rapid movement towards the officers while armed, and the short timeframe, made the officers’ use of deadly force objectively reasonable … Continue reading

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KS: Def voluntarily disclosed his cell phone passcode to the officers when the officer said he’d get a warrant

Defendant voluntarily disclosed his cell phone passcode to the officers when the officer said he’d get a warrant for it. State v. Harris, 2025 Kan. LEXIS 5 (Jan. 31, 2025):

Posted in Cell phones, Consent, Voluntariness | Comments Off on KS: Def voluntarily disclosed his cell phone passcode to the officers when the officer said he’d get a warrant

ID: State completely failed to support justification for inventory

“The record is devoid of evidence to support the conclusion that Detective Uhrig’s decision to impound Smith’s car was reasonable under the circumstances.” The inventory depending on the legality of the impoundment. Reversed. State v. Smith, 2025 Ida. LEXIS 8 … Continue reading

Posted in Good faith exception, Inventory | Comments Off on ID: State completely failed to support justification for inventory

MS: Admitted “general crime control” roadblock still upheld based on part-time officer’s inexperience

While the officer in charge of the DL roadblock (highway safety) essentially admitted it was for general crime control (see Edmund v. City of Indianapolis), the court goes with the DUI arrest being valid. The officer “was the most inexperienced … Continue reading

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CA3: There is no REP in the exterior of a package in transit

The initial detention and exterior inspection of the parcel sent to defendant did not implicate his Fourth Amendment rights because it occurred within the guaranteed delivery window. He had no reasonable expectation of privacy in the exterior of the parcel … Continue reading

Posted in Mail and packages, Motion to suppress, Plain view, feel, smell, Standing | Comments Off on CA3: There is no REP in the exterior of a package in transit

NY Erie Co.: State prosecutors have no control over federal officers involved in state search for discovery purposes

State prosecutors aren’t necessarily obliged to give over information on federal officers present at a state search considering they have no control over them and their testimony may be hard fought via Touhy letters and they may have nothing additional … Continue reading

Posted in Ineffective assistance, Motion to suppress | Comments Off on NY Erie Co.: State prosecutors have no control over federal officers involved in state search for discovery purposes

AR: Questions about legality of search before jury properly excluded under 403

Where the trial court denied the pretrial motion to suppress, cross-examination of the officer about the legality of the search was properly denied on objection by the state as potentially misleading to the jury. Damon v. State, 2025 Ark. App. … Continue reading

Posted in Admissibility of evidence, Informant hearsay, Qualified immunity, Standing | Comments Off on AR: Questions about legality of search before jury properly excluded under 403

E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

Putting defendant’s cell phone into airplane mode wasn’t a search. The name “Red” was seen on the screen. There was independent probable cause for the cell phone warrant. United States v. Hudson, 2025 U.S. Dist. LEXIS 14952 (E.D. Mo. Jan. … Continue reading

Posted in Cell phones, Independent source, Inventory, Plain view, feel, smell, Search | Comments Off on E.D.Mo.: Putting def’s cell phone into airplane mode wasn’t a search

OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed

When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed. State v. Alexander, 2025-Ohio-236 (4th Dist. Jan. 23, 2025). In an animal seizure case, state law requires a post-seizure administrative … Continue reading

Posted in Administrative search, Burden of pleading, Informant hearsay, Probable cause, Reasonable suspicion, Waiver | Comments Off on OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed

WA: Long on vehicle protective sweeps not overruled by Gant

Michigan v. Long on protective sweeps of vehicles when a weapon is reasonably feared was not overruled by Gant. State v. Howard, 2025 Wash. App. LEXIS 151 (Jan. 28, 2025). The protective sweep would have been invalid but for valid … Continue reading

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TN: Domestic and road rage call is a “serious crime” when evaluating officer’s use of force

When evaluating an officer’s use of force in responding to a domestic and road rage call involving a weapon, it is considered a serious crime. The use of force here was reasonable. Holland v. Cheatham Cty., 2025 Tenn. App. LEXIS … Continue reading

Posted in Excessive force, Probable cause, Reasonable suspicion | Comments Off on TN: Domestic and road rage call is a “serious crime” when evaluating officer’s use of force

ABA: Considering Face Value: The Complex Legal Implications of Facial Recognition Technology

Michael Christopher Naught, Considering Face Value: The Complex Legal Implications of Facial Recognition Technology (ABA Criminal Justice Jan. 20, 2025): The increasing adoption of FRT and AI necessitates careful examination of their legal and ethical ramifications. These cutting-edge technologies raise … Continue reading

Posted in Surveillance technology, Video surveillance | Comments Off on ABA: Considering Face Value: The Complex Legal Implications of Facial Recognition Technology

CA8: Drugs on person admissible under 404(b) despite being outside indictment

Drugs on defendant’s person at the time of arrest were admissible under 404(b) despite being outside the time of the indictment. United States v. Hodo, 2025 U.S. App. LEXIS 1796 (8th Cir. Jan. 28, 2025). Defendant was on supervised release … Continue reading

Posted in Admissibility of evidence, Franks doctrine, Probable cause, Probation / Parole search | Comments Off on CA8: Drugs on person admissible under 404(b) despite being outside indictment