Category Archives: Uncategorized

W.D.N.Y.: USMJ’s credibility determination is entitled to deference

While review of the R&R is de novo, the USMJ’s credibility determination on a motion to suppress is still entitled to deference. United States v. Angulo-Gomez, 2020 U.S. Dist. LEXIS 137199 (W.D. N.Y. Aug. 3, 2020). The government argued that … Continue reading

Posted in Uncategorized | Comments Off on W.D.N.Y.: USMJ’s credibility determination is entitled to deference

D.Nev.: Denial of medical care after arrest can be a 4A violation, but this doesn’t measure up

“To the extent Plaintiff is asserting a denial of medical care after his arrest, but before he arrived at the detention facility, district courts within the Ninth Circuit have held that law enforcement officers are required to provide objectively reasonable … Continue reading

Posted in Uncategorized | Comments Off on D.Nev.: Denial of medical care after arrest can be a 4A violation, but this doesn’t measure up

Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts

Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts by Julia Weng & Daniel R. Stoller:

Posted in Uncategorized | Comments Off on Bloomberg Law: Protester Surveillance May Test Constitutional Privacy in Courts

E.D.Va.: Amazon gets TRO and PI in civil RICO case based on same allegations for SW a contractor was seeking kickbacks

The FBI conducted a raid of an Amazon contractor in Northern Virginia for kickbacks. Amazon sought a TRO and preliminary injunction against the defendants seeking to prevent spoliation of evidence after the target told alleged confederates of the raid by … Continue reading

Posted in Uncategorized | Comments Off on E.D.Va.: Amazon gets TRO and PI in civil RICO case based on same allegations for SW a contractor was seeking kickbacks

N.D.Fla.: Drug officers with PC can use patrol officers to make a stop on a traffic offense

Drug officers had probable cause but used patrol officers to make a stop based on a traffic offense, which there also was. The initial probable cause controls here. United States v. Green, 2020 U.S. Dist. LEXIS 126663 (N.D. Fla. July … Continue reading

Posted in Uncategorized | Comments Off on N.D.Fla.: Drug officers with PC can use patrol officers to make a stop on a traffic offense

CA7: “The Fourth Amendment does not require best practices in criminal investigations.” Just PC

“The Fourth Amendment does not require best practices in criminal investigations.” That a controlled buy could have been done better doesn’t mean there wasn’t probable cause. United States v. Glenn, 2020 U.S. App. LEXIS 22544 (7th Cir. July 20, 2020):

Posted in Uncategorized | Comments Off on CA7: “The Fourth Amendment does not require best practices in criminal investigations.” Just PC

CA10: USDC isn’t obligated to draw same Franks inferences the def does

When a defendant makes a Franks challenge, the court is not obliged to make the same inference he makes in determining whether he gets a hearing. Franks requires a “substantial preliminary showing” of recklessness or acting intentionally along with materiality. … Continue reading

Posted in Uncategorized | Comments Off on CA10: USDC isn’t obligated to draw same Franks inferences the def does

E.D.N.C.: Tower dump order different than long term CSLI; § 2703 order suffices under Carpenter

“In light of the significant differences between a tower dump CLSI and long term CSLI targeted at the whole of an individual’s movements, as highlighted by the court’s decision in Carpenter, the court finds no basis for attaching a Fourth … Continue reading

Posted in Uncategorized | Comments Off on E.D.N.C.: Tower dump order different than long term CSLI; § 2703 order suffices under Carpenter

D.D.C.: ShotSpotter alert and being in a high-crime area late at night was not RS

A ShotSpotter alert led to defendant’s stop in a high-crime area late at night. On the totality, there was no reasonable suspicion for defendant’s stop. Therefore, his flight after the stop began didn’t end the inquiry. United States v. Carter, … Continue reading

Posted in Uncategorized | Comments Off on D.D.C.: ShotSpotter alert and being in a high-crime area late at night was not RS

techdirt: Reverse Warrant Used In Robbery Investigation Being Challenged As Unconstitutional

techdirt: Reverse Warrant Used In Robbery Investigation Being Challenged As Unconstitutional by Tim Cushing (“Reverse warrants are being challenged in a criminal case involving a bank robbery in Virginia. These warrants (also called ‘geofence warrants’) work in reverse, hence the … Continue reading

Posted in Uncategorized | Comments Off on techdirt: Reverse Warrant Used In Robbery Investigation Being Challenged As Unconstitutional

CA9: While a 911 call must be reliable, it must also refer to “criminal activity [that] may be afoot”

While a 911 call must be reliable, it must also refer to “criminal activity [that] may be afoot.” This satisfies both prongs. United States v. Vandergroen, 2020 U.S. App. LEXIS 21150 (9th Cir. July 7, 2020):

Posted in Uncategorized | Comments Off on CA9: While a 911 call must be reliable, it must also refer to “criminal activity [that] may be afoot”

IN: Law firm’s suit over fees for work complying with GJ subpoena to client leads to reduced fees

The law firm sued over its attorneys fees in complying with federal grand jury subpoenas for a client after a search warrant directed to the client. The trial court made findings of fact finding the reasonable fee one-third of what … Continue reading

Posted in Uncategorized | Comments Off on IN: Law firm’s suit over fees for work complying with GJ subpoena to client leads to reduced fees

TX: Perjured police testimony in drug raid leads to finding of actual innocence

Petitioner showed actual innocence to get his drug conviction set aside. The Houston officer involved was shown to be a perjurer in drug case search warrant requests and trial testimony. That led to two deaths during a botched no-knock drug … Continue reading

Posted in Uncategorized | Comments Off on TX: Perjured police testimony in drug raid leads to finding of actual innocence

W.D.N.Y.: Def’s guilty plea even waived IAC 4A claim

Defendant’s guilty plea waived his ineffectiveness claim on failure to investigate a possible Fourth Amendment claim. “Respondent argues that Petitioner’s ineffectiveness claim based on Defense Counsel’s failure to conduct a reasonable investigation into the search and seizure of her home … Continue reading

Posted in Uncategorized | Comments Off on W.D.N.Y.: Def’s guilty plea even waived IAC 4A claim

N.D.Cal.: With California’s legalization of small amounts of marijuana, law enforcement can’t use federal criminal law as an excuse to search

Legalization of recreational marijuana in California makes possession of small quantities legal, despite federal criminal law leaving marijuana in schedule I, and thus denies law enforcement the ability to search for it. United States v. Talley, 2020 U.S. Dist. LEXIS … Continue reading

Posted in Uncategorized | Comments Off on N.D.Cal.: With California’s legalization of small amounts of marijuana, law enforcement can’t use federal criminal law as an excuse to search

E.D.Mo.: Slightly speeding is still speeding and supports a stop

Defendant was slightly speeding and does not dispute it. The gravity of the traffic offense doesn’t matter on the reasonableness of the stop. United States v. Betances, 2020 U.S. Dist. LEXIS 105632 (E.D.Mo. May 18, 2020):

Posted in Uncategorized | Comments Off on E.D.Mo.: Slightly speeding is still speeding and supports a stop

Protocol: New York lawmakers want to outlaw geofence warrants as protests grow

Protocol: New York lawmakers want to outlaw geofence warrants as protests grow by Issie Lapowsky (“Geofence warrants are a relatively new but rapidly expanding phenomenon. Rather than issuing a warrant for data on a specific individual, these warrants seek information … Continue reading

Posted in Uncategorized | Comments Off on Protocol: New York lawmakers want to outlaw geofence warrants as protests grow

Reason: Criminal Justice Divides the ‘Conservative’ Judiciary

Reason: Criminal Justice Divides the ‘Conservative’ Judiciary by Damon Root (“Pundits often speak of the judiciary in terms of liberal or conservative judges issuing liberal or conservative opinions. The reality is far more complicated.”)

Posted in Uncategorized | Comments Off on Reason: Criminal Justice Divides the ‘Conservative’ Judiciary

Proposed Justice in Policing Act of 2020, some proposals on arrest and frisk, qualified immunity, use of force, and no-knock warrants

Proposed Justice in Policing Act of 2020 in the House of Representatives: some proposals on arrest and frisk, qualified immunity, use of force, and searches: In § 103, repeals case law on qualified immunity in revised § 1983 (pdf at … Continue reading

Posted in Uncategorized | Comments Off on Proposed Justice in Policing Act of 2020, some proposals on arrest and frisk, qualified immunity, use of force, and no-knock warrants

“America was neither founded, nor freed, by the well-behaved.”

— Semmes Luckett Jr. of Clarksdale, Mississippi [This was posted on July 4, 2010 & 2012]

Posted in Uncategorized | Comments Off on “America was neither founded, nor freed, by the well-behaved.”