Category Archives: Admissibility of evidence

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

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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

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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

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N.D.Ohio: Alleged mishandling of drugs during execution of SW didn’t make them inadmissible

Even if the officers (mis)handled the drugs during the search, they’d still come into evidence at trial. United States v. McDonald, 2025 U.S. Dist. LEXIS 11844 (N.D. Ohio Jan. 22, 2025). The trial court suppressed this cell phone search as … Continue reading

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E.D.N.Y.: Anonymous report of man threatening others with a gun didn’t provide RS

The anonymous report about a man threatening others in Queens adequately described defendant but it provided nothing to show that there was a crime in the offing. The stop and search was without reasonable suspicion. “On this record, it is … Continue reading

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D.R.I.: Motion in limine about SW is denied; govt can refer to search in trial

Defendant’s motion in limine about whether a search warrant was utilized is denied. The government can refer incidentally to the search. United States v. Djan, 2025 U.S. Dist. LEXIS 8285 (D.R.I. Jan. 10, 2025). Officers had reasonable suspicion for the … Continue reading

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D.Minn.: Photographs could be taken during execution of SW

Photographs could be taken during execution of a search warrant. United States v. Schultz, 2024 U.S. Dist. LEXIS 236848 (D. Minn. Dec. 2, 2024), adopted, 2025 U.S. Dist. LEXIS 4918 (D. Minn. Jan. 10, 2025). In a case involving whether … Continue reading

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E.D.Mich.: Officer seizing notebooks couldn’t authenticate them as exhibits at trial

The seizing officer could not authenticate defendant’s notebooks as evidence at the trial. He had no knowledge about how they came into being. United States v. Sherman, 2025 U.S. Dist. LEXIS 5696 (E.D. Mich. Jan. 12, 2025). Defendant’s admission at … Continue reading

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TX: Judge sanctioned for blocking DNA testing of class A misdemeanants without authority

A former judge of the Harris County Criminal Court was sanctioned by the Texas Supreme Court for issuing orders of protection barring the Sheriff from taking DNA samples from class A misdemeanants because the judge believed the statute requiring it … Continue reading

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IA: Rental inspection ordinance not facially unconstitutional; administrative warrants required

The city’s rental property inspection ordinance does not fail under the state constitution’s search and seizure clause because it is not facially void in all circumstances. Administrative warrants can be obtained when there’s a proper showing. Singer v. City of … Continue reading

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IN: Facebook SW production authenticated records for trial

The search warrant production helped authenticate defendant’s Facebook records for trial. Anderson v. State, 2024 Ind. App. LEXIS 351 (Dec. 20, 2024). The fog line statute requires a driver to stay “as nearly as practicable entirely within a single lane” … Continue reading

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OH10: Foundation for Facebook exhibits provided by seizing officer

The evidentiary foundation for Facebook messages under rule 901 was established by the officer obtaining the Facebook warrant. State v. Lathon, 2024-Ohio-5886, 2024 Ohio App. LEXIS 4539 (10th Dist. Dec. 18, 2024). Officers had neither probable cause nor reasonable suspicion … Continue reading

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E.D.Mo.: Evidence of the search comes in because it “completes the story”

“‘Evidence of other wrongful conduct is considered intrinsic when it is offered for the purpose of providing the context in which the charged crime occurred.’ … ‘Intrinsic evidence may help to fill the gaps in the jury’s understanding of the … Continue reading

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D.D.C.: Multiple counts of things seized under SW not severed

In a motion to sever counts for trial, it was significant that the stuff was seized under the same search warrant. United States v. Lewis, 2024 U.S. Dist. LEXIS 217086 (D.D.C. Dec. 2, 2024). There was probable cause and nexus … Continue reading

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D.Nev.: In a § 242 prosecution, defense expert can’t testify to PC

In a § 242 prosecution for violating civil rights, the defense proposed expert is barred from opinion on whether probable cause existed for the arrest. “Whether a given set of facts constitutes probable cause to arrest or charge for a … Continue reading

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MA: Three SWs building on each other to ultimate PC

Here there were three search warrants. The second built on the first, and the third on the second, leading to a computer search that was founded on defendant disposing of a body. “When considering the foregoing details together, there was … Continue reading

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D.D.C.: Seizure of def’s car keys from his friend was without PC

“The seizure of the keys from Williams’s friend was unlawful because the officers did not have probable cause to believe that the keys were evidence of a crime and the plain view doctrine did not apply.” Motion to suppress granted … Continue reading

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OR: Backpack’s inventory on admission to treatment facility was reasonable

Police could inventory defendant’s backpack when he was picked up and transported to a treatment facility. Inventory was provided for by local ordinance. The same policies apply to inventory even if defendant isn’t in jail. State v. Wilcox, 335 Or … Continue reading

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N.D.Iowa: There was PC before the dog stuck his nose through the window

The dog sticking his nose through the window was a search, but the officers already had probable cause by then. Therefore, no exclusionary. United States v. Newberry, 2024 U.S. Dist. LEXIS 195271 (N.D. Iowa Oct. 28, 2024). On the government’s … Continue reading

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W.D.Ky.: In a criminal trial against a police office for excessive force during a raid, is 404(b) evidence of other bad searches admissible?

Defendant is a police officer charged with deprivation of rights from firing a gun into a window with blinds drawn during execution of a search warrant. This is about his mistaken belief that an AR-15 was firing from inside, and … Continue reading

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