Category Archives: Issue preclusion

Three on post-conviction and defaulted 4A claims

“Defendant has procedurally defaulted on this claim by never filing a motion to suppress the evidence, but instead pleading guilty. Moreover, a Fourth Amendment claim such as this one is not cognizable on a § 2255 motion. Stone v. Powell, … Continue reading

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E.D.N.Y.: Seizure of def’s cell phone in South Africa by their police does not “shock the conscience” or show virtual agency

“The court must first begin with a discussion of the initial seizure of Chang’s cellphone by South African authorities on December 29, 2018. Under the ‘international silver platter doctrine,’ the U.S. can generally receive evidence obtained by foreign authorities with … Continue reading

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S.D.Ohio: Def’s 50% downward departure on USSG sentencing range makes IAC for not arguing 4A at sentencing moot; harmless error at worst

Where defendant got a 50% downward USSG departure for a 360-life offense, he received no ineffective assistance of counsel for failure to argue a firearm should have been suppressed that led only to a 2 point USSG enhancement. United States … Continue reading

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CA9: Supervised release condition of financial disclosure permitted under 18 U.S.C. § 3553(a) and didn’t violate 4A

“Second, the financial disclosure condition does not clearly violate the Fourth Amendment’s requirement that release conditions be reasonably necessary and narrowly tailored. See United States v. Sales, 476 F.3d 732, 737 (9th Cir. 2007). We have upheld a substantially similar … Continue reading

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WA: Parole search of cell phone was reasonable

Defendant was on supervision for a sex offense. He was required to disclose all his dating relationships. A parole search of his cell phone was reasonable, and it revealed other violations. In re Pers. Restraint of Allgoewer, 2024 Wash. App. … Continue reading

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E.D.Mich.: Collateral estoppel bars religitating search in a § 1983 case where motion to suppress lost in criminal case

Collateral estoppel bars relitigating a search in a § 1983 case found lawful in an underlying criminal case. Boseman v. Flint Police Dep’t, 2024 U.S. Dist. LEXIS 46699 (E.D. Mich. Mar. 15, 2024). “As discussed, Brown acquired the information giving … Continue reading

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TN: Even if search occurred before SW issued, affidavit mentions nothing of it; thus independent source

Defendant claimed that his place was warrantlessly searched before the search warrant for it was issued. Doesn’t matter: The affidavit for the warrant shows probable cause and never mentions a prior search. State v. Quinn, 2024 Tenn. Crim. App. LEXIS … Continue reading

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CA6: The state’s violation of a prison policy doesn’t make a 4A claim

Plaintiff inmate “cannot state a claim for a violation of prison policy because prison policy directives are insufficient to create a liberty interest under the Fourth Amendment. See Olim v. Wakinekona, 461 U.S. 238, 250-51 (1983); ….” IFP motion denied. … Continue reading

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W.D.Tex.: No REP in tent where def was trespassing

Where defendant was staying in a tent on TXDOT property with no trespassing signs, he had no reasonable expectation of privacy when an officer opened the tent flap and saw marijuana and a gun. He was a felon in possession. … Continue reading

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MO: Search incident to 96 hour mental health hold was reasonable

Defendant was picked up on a warrant for 96 hour mental commitment hold. The search incident to that was reasonable. “[T]he deputies’ search of Salcedo, incident to Salcedo being taken into custody pursuant to a warrant under section 632.305 for … Continue reading

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Cal.2d: Questions posed during a traffic stop while waiting for the records check do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

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D.N.D.: Defs showed no connection to the premises as overnight guests to have standing

Defendants had no real connection to the place searched to have standing. “There was no evidence presented to support the Defendants’ allegation that they had permission from the owners (Stevens and Levings) to stay in the home as overnight guests. … Continue reading

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C.D.Cal.: Holding back on 4A claim in habeas was waiver and Stone barred

2254 petitioner had a duty to raise his alleged search claims timely in state court, and his failure to do so “doomed” that claim on habeas. Claiming a desire to raise it later is almost certainly too little too late. … Continue reading

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S.D.Cal.: Challenge to PC for revo warrant has to be made in the district where the warrant comes from

Challenge to the probable cause for a revocation warrant has to be made in the district issuing it, not this one where defendant currently resides. United States v. Carranza-Cruz, 2024 U.S. Dist. LEXIS 31590 (S.D. Cal. Feb. 23, 2024).* The … Continue reading

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E.D.N.C.: Shed on curtilage shown on Google satellite image attached to affidavit was properly searched although not specified in SW

A shed by the house was properly searched under a warrant for the house. “As a general rule, a supporting affidavit or document may be read together with (and considered a part of) a warrant that otherwise lacks sufficient particularity … Continue reading

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D.Minn.: Terry stop with guns drawn was reasonable here

An otherwise lawful Terry stop wasn’t made unreasonable because officers, fearing a weapon, approached with guns drawn. United States v. Thomas, 2023 U.S. Dist. LEXIS 234913 (D. Minn. Dec. 13, 2023), adopted 2024 U.S. Dist. LEXIS 21178 (D. Minn. Feb. … Continue reading

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CA9: Questioning motorist about probation status for 10 seconds and safety reasons was reasonable

Questioning defendant about his probation or parole status, albeit for about 10 seconds and clearly for safety reasons, did not unreasonably extend the stop. United States v. Beltran, 2024 U.S. App. LEXIS 2003 (9th Cir. Jan. 30, 2024). There was … Continue reading

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CA8: Affiant officer’s belief that criminals brag about crimes on social media allows cell phone search in a gun case

“We conclude the affidavit adequately established probable cause that Ivey’s cell phone would contain evidence of a firearms offense. Officers found the phone in Ivey’s possession while he was located in a vehicle with a gun under his seat. The … Continue reading

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D.R.I.: SW required for a short term CSLI Tower Dump

Finding short term CSLI obtained by a cell phone tower dump also protected by the Fourth Amendment, the court holds, disagreeing with other courts, that a warrant was required, but the good faith exception applies. An long, interesting opinion. “The … Continue reading

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CA2: Reason to believe ptf was inside justified entry with arrest warrant under Payton

Officers had an arrest warrant for plaintiff, and that gave them the ability to enter his home to look for him under Payton when they had a reasonable belief he was inside. Engelmayer v. Engelmayer, 2024 U.S. App. LEXIS 1617 … Continue reading

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