Category Archives: Issue preclusion

S.D.N.Y.: Arrested target of cell phone SW has common law right of access to affidavit and SW

The target’s motion to unseal the search warrant affidavit for his cell phone is granted. There is a common law right of access, and the First Amendment right of access does not even have to be decided. The government’s only … Continue reading

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M.D.Pa.: State law jurisdiction of the officers involved isn’t cognizable in a 2254

State law jurisdiction of the officers involved isn’t cognizable in a 2254. McDowell v. Hainesworth, 2023 U.S. Dist. LEXIS 187496 (M.D. Pa. Oct. 18, 2023). Petitioner doesn’t get a CoA to appeal his 2255. He provides no basis for concluding … Continue reading

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E.D.Wis.: Text and Facebook messages about crime justified warrant for them

In a health care fraud case, the government knew that messages about the crime were exchanged by text and Facebook, and that was sufficient to get a search warrant for them. In any event, the good faith exception applied. United … Continue reading

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CA11: Pretext for a criminal search can be an issue in administrative searches

Pretext for a criminal search can be an issue in administrative searches. “Accordingly, the district court erred in failing to recognize the existence of a genuine issue of material fact as to whether the February 2015 administrative search was focused … Continue reading

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CA7: Restating 4A claim doesn’t satisfy successor habeas standard

A restated Fourth Amendment claim doesn’t satisfy the standard for a successor 2254 petition. Hardy v. Neal, 2023 U.S. App. LEXIS 25343 (7th Cir. Sep. 25, 2023). Plaintiff fails in his claim the county routinely violates the Fourth Amendment in … Continue reading

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M.D.Fla.: Defense counsel was ineffective for not raising valid suppression issue that would have reduced Guideline range below life

Defense counsel at trial was ineffective for not raising a suppression issue that would likely have prevailed and taken defendant from a life sentence down to a 20 year MM. United States v. Dasinger, 2023 U.S. Dist. LEXIS 168974 (M.D. … Continue reading

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N.D.Okla.: Video doesn’t support officer’s claim of excessive nervousness

The court does not credit the officer’s claim that defendant was excessively nervous to the point of stuttering during the stop in the officer’s effort to show reasonable suspicion. It appears to the court from the video to be no … Continue reading

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N.D.Iowa: Drug dog breaking plane of the car window is a trespass and entry without PC

The drug dog broke the plane of the window, and that’s a trespass. There was no probable cause at that point, and the R&R is rejected. The motion to suppress is granted. United States v. Buescher, 2023 U.S. Dist. LEXIS … Continue reading

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MN: CI’s successful track record supports reliability

The court reiterates that a CI’s successful track record supports his reliability. State v. Mosley, 2023 Minn. LEXIS 451 (Sep. 6, 2023). The exclusionary rule does not apply to supervised release violations. Defendant’s panicking to a felony arrest was “not … Continue reading

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ME: State constitutional arguments must be developed; citing it not enough

(1) The tracking device placed on defendant’s vehicle by court order was with probable cause. (2) “For a claim under the Maine Constitution to be deemed preserved for our review, however, the party advancing the claim cannot merely allude to … Continue reading

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CA6: Officer parking next to def’s car was not a seizure

Police parking next to a defendant’s car is not a seizure. United States v. Gartrell, 2023 U.S. App. LEXIS 22719 (6th Cir. Aug. 28, 2023). Covid limitations on visitation at a small hospital wasn’t a Fourth Amendment violation, among other … Continue reading

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CA5: Arrest of ptf for social media joke about police violated 1A and 4A

Defendant officer’s arrest of plaintiff for terrorizing under state law for a social media post joke about the police violated clearly established law and violated the First Amendment, too. Bailey v. Iles, 2023 U.S. App. LEXIS 22503 (5th Cir. Aug. … Continue reading

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OH4: Franks challenge seven years after motion to suppress denied by res judicata

There was a motion to suppress denied at trial. “Now, seven years later appellant seeks to file a motion to suppress and a motion for a Franks hearing. We believe, however, that the trial court correctly concluded that res judicata … Continue reading

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W.D.Okla.: Broad challenges to how ptf was investigated all barred by Heck

“Many of Plaintiff’s alleged violations attack the procedures used to investigate and charge him, the evidence used to convict him, as well as the constitutionality of the first-degree murder statute under which he was convicted. Success on some of these … Continue reading

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“There is no ‘inadvertent negligence’ exception to [Stone v.] Powell.

“More to the point, however, is the irrelevance of any officer negligence in this habeas corpus case. Stone v. Powell bars habeas corpus consideration of Fourth Amendment claims as a basis for habeas relief. There is no ‘inadvertent negligence’ exception … Continue reading

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MI: Omission def was a CI was not material where SW was based on possession and sale of drugs

“Agent Merle’s failure to reveal that Brown was a CI for DTF was not a material omission. As discussed previously, the warrant affidavit was based on Brown’s possession and sale of illegal drugs, which did not fall within the scope … Continue reading

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S.D.Ohio: Federal suit to force state court to apply exclusionary rule barred by Younger and Rooker/Feldman

Plaintiff’s suit in federal court to cause state court to apply the exclusionary rule in state court is barred by Younger and Rooker/Feldman. Chappel v. Adams Cnty. Child.’s Servs., 2023 U.S. Dist. LEXIS 112877 (S.D. Ohio May 19, 2023). Defendant’s … Continue reading

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MO: When a backpack is abandoned, that includes the sealed packages inside it

When defendant’s backpack was abandoned, that included sealed packages inside it. State v. Fernandez, 2023 Mo. App. LEXIS 461 (June 27, 2023). “Nonetheless, the Durham Court’s general statement, that having a roommate does not convert a single-family house into a … Continue reading

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M.D.Ala.: Address alone isn’t enough to confer standing in a mailed package; name on it has to be yours

Defendant wasn’t shown as an addressee of this package, but it was sent to his address. That alone doesn’t give him standing. United States v. Roberts, 2023 U.S. Dist. LEXIS 107828 (M.D. Ala. May 18, 2023), adopted, 2023 U.S. Dist. … Continue reading

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MI: Terry justified this search and seizure, not plain feel

The court of appeals erred in not applying Terry to this frisk inside defendant’s coat, instead relying on plain feel. Remanded. People v. Turner, 2023 Mich. LEXIS 937 (June 21, 2023). “Here, the warrant specifically identified the offenses for which … Continue reading

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