Author Archives: Hall

WaPo: When the sheriff waged a war on drugs in a Mississippi county

WaPo: When the sheriff waged a war on drugs in a Mississippi county by Jenn Abelson and Reena Flores (“No-knock raids were the rule rather than the exception, and they led to serious allegations against the department. The sheriff defended … Continue reading

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S.D.Ohio: Attempted search incident well after arrest when duffle bag was away from def was not “incident to arrest”; govt overspinned the facts

The officer lacked exigency for a warrantless entry to arrest. Defendant put his duffle bag outside a second story window on the roof to conceal it. It was not abandoned because the public didn’t have access to it. All he … Continue reading

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PA: Hot pursuit justified officer crossing jurisdictional lines

Hot pursuit justified an officer in one jurisdiction following defendants into another one after a robbery report on their car. Commonwealth v. Hobel, 2022 PA Super 86, 2022 Pa. Super. LEXIS 202 (May 10, 2022) (decided under state statute). “A … Continue reading

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LATimes: Immigration officials created network that can spy on majority of Americans, report says

LATimes: Immigration officials created network that can spy on majority of Americans, report says by Cindy Carcamo (“Immigration and Customs Enforcement has crafted a sophisticated surveillance dragnet designed to spy on most people living in the United States, without the … Continue reading

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AP: Man pleads guilty in case testing use of geofence warrant

AP (via ABC News): Man pleads guilty in case testing use of geofence warrant (“A Richmond man has pleaded guilty to bank robbery charges in a case that tested the constitutionality of broad search warrants that use Google location history … Continue reading

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N.D.Ga.: Pro forma objection to R&R doesn’t articulate argument, so it’s waived

Defendant didn’t fairly articulate his objections to the R&R, so his objection is waived. United States v. Hill, 2022 U.S. Dist. LEXIS 83707 (N.D.Ga. May 9, 2022). There was probable cause for this search authorization, and the good faith exception … Continue reading

Posted in Exclusionary rule, Franks doctrine, Ineffective assistance, Issue preclusion, Military searches, Probation / Parole search, Reasonable suspicion, Waiver | Comments Off on N.D.Ga.: Pro forma objection to R&R doesn’t articulate argument, so it’s waived

CT: John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement

A John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement. State v. Terrance Police, 2022 Conn. LEXIS 123 (May 10, 2022):

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MI: REP in def’s barns despite being a distance from home

Defendant had a reasonable expectation of privacy in two barns on his farm, one locked and one unlocked with the door partially open. Curtilage to the home doesn’t matter. A later search warrant only described the home and not the … Continue reading

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CA10: “[N]o exclusionary rule for evidence gained through … entrapment”

“[T]here is no exclusionary rule for evidence gained through conduct later deemed to be entrapment.” United States v. Christian, 754 Fed. Appx. 747, 750 (10th Cir. 2018). United States v. Christian, 2022 U.S. App. LEXIS 12255 (10th Cir. May 6, … Continue reading

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WaPo: 5 takeaways from The Post’s investigation into no-knock warrants

WaPo: 5 takeaways from The Post’s investigation into no-knock warrants by Courtney Kan, Jenn Abelson, and Nicole Dungca (“After police killed Breonna Taylor in her home in 2020 during a botched raid, The Washington Post spent more than a year … Continue reading

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WaPo: Editorial: Lack of a federal privacy law opens the door to dystopia

WaPo: Editorial: Lack of a federal privacy law opens the door to dystopia (“Imagine every one of us could be located using only a photograph, or identified based on the way we walk — that our fingerprints could be scanned … Continue reading

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OH6: Police coming uninvited in hotel room 18 minutes after checkout time was unreasonable

Officers arrived at defendant’s motel room 18 minutes after checkout time and searched. The state claimed defendant lost his reasonable expectation of privacy in the room. Hotel management, however, had done nothing about that and apparently didn’t even know. The … Continue reading

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D.Kan.: 10 weeks of pole camera surveillance in disability fraud investigation was reasonable

Defendant was on disability. The government placed a pole camera across the street from his house to see whether he was able or not, and he was indicted for theft of public funds. Ten weeks of pole camera surveillance was … Continue reading

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D.Md.: Def gets a hearing on a Franks challenge to a red-flag SW that produced 42 firearms

Maryland provides for “Extreme Risk Protective Orders” (“ERPO”) to seize firearms from unstable persons. [These are know as red-flag laws in some other states.] “The ERPO law establishes a framework by which persons found to pose an immediate danger to … Continue reading

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IN: State const’l arguments have to be raised in trial court first

Defendant’s argument for a change in standing law under the state constitution that he should have the ability to challenge the search of another person’s person and clothing wasn’t raised below, so it’s waived. State v. Allen, 2022 Ind. App. … Continue reading

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AR: SW for evidence linking to a homicide in another county found clothes worn seen in video

In a homicide investigation, officers showed probable cause for defendant’s house for evidence of the murder where the victim was abducted, driven 75 miles, and her body dumped in another county. Defendant was on video surveillance where the abduction occurred, … Continue reading

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D.N.M.: Emergency justification for real time CSLI dissipated and leads to suppression

Capture of defendant’s real-time CSLI was a search under Carpenter, but the government showed that officers had an emergency justification for getting it at first, but that dissipated. Finally, the good faith exception does not apply here. United States v. … Continue reading

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TN: Owner of premises could consent to enter room of visitor

Defendant was a suspect in a murder, and police were admitted to the house where he stayed by consent of the owner. He wouldn’t come out of his bedroom, so they went in. The owner had complete control over the … Continue reading

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CA9: Police participation in a probation search didn’t make it unreasonable

Homeland Security Investigations participating in a probation search did not make it unreasonable. United States v. Johnson, 2022 U.S. App. LEXIS 11999 (9th Cir. May 3, 2022). Defendant claims a Franks violation from a single misstatement in the affidavit for … Continue reading

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E.D.Wis.: Admitted investigatory motive for inventory made it unreasonable

Officers had an admitted investigatory motive for stopping and searching defendant’s car. They found a reason to impound it and conduct an inventory, and that was unreasonable here. United States v. Clayton, 2022 U.S. Dist. LEXIS 80076 (E.D.Wis. May 3, … Continue reading

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