Category Archives: Ineffective assistance

S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district

“The Court will not interfere with the Government’s review of the laptop pursuant to a search warrant obtained from a different Court — except to require the Government to submit a status update no later than October 28, 2022. As … Continue reading

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GA: Officers with an arrest warrant can enter the backyard, too

Officers with an arrest warrant for defendant at his place were permitted to enter the backyard too, where evidence was seen and seized. Jones v. State, 2022 Ga. LEXIS 256 (Sep. 20, 2022). Not mentioning in the affidavit for search … Continue reading

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TN: No IAC: strategic choice to distance def from premises

Defense counsel wasn’t ineffective for not challenging the search of the premises. The defense at trial was that defendant was merely a guest who didn’t have control of the stuff found there. To link defendant more to the premises was … Continue reading

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D.C.Cir.: Question of fact remains on whether PC dissipated before second handcuffing

“We reverse the district court’s grant of summary judgment on the false arrest claims for two reasons. First, there is a genuine dispute of material fact as to whether probable cause for the simple assault charge dissipated before Lin was … Continue reading

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CA8: Pre-Jardines dog sniff at apt door saved by GFE

Pre-Jardines dog sniff at the door of an apartment was valid when it happened, so it is saved by the good faith exception under Davis. United States v. Perez, 2022 U.S. App. LEXIS 22977 (8th Cir. Aug. 18, 2022). “In … Continue reading

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M.D.Pa.: Air freshener in a non-smoking rental car factor in RS

“[T]he air freshener in a non-smoking rental car was an early and legitimate basis for suspicion to be aroused. In general, the use of air fresheners is a recognized factor contributing to reasonable suspicion.” United States v. Hawari-Rasulullah, 2022 U.S. … Continue reading

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D.Minn.: Police delay in responding to 911 call in part belied exigency

There no longer was exigency, in part here from the police delay in responding to 911 call, and what was observed was innocuous. No exigency on the totality. Cotten v. Miller, 2022 U.S. Dist. LEXIS 139360 (D. Minn. Aug. 5, … Continue reading

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FL2: Civil contempt for not providing cell phone passcode affirmed; 4A issue not yet ripe because no charges yet filed

“Finding no merit in any of Marvin Harris’ arguments, we affirm the order below holding him in indirect civil contempt for refusing to provide the passcode to access his iPhone in connection with a search warrant.” He has yet to … Continue reading

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N.D.W.Va.: A SW for those suspected of sending in drug-laced fake legal papers

For defense lawyers wondering about the increase in searches of legal mail, this case involved a search warrant of the house of someone suspected to sending in drug laced fake legal papers into federal prisons. Barker v. United States, 2022 … Continue reading

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N.D.Ohio: Small closed container in a gun case was properly searched incident to arrest

Officers entered the home on an arrest warrant and consent. Inside, they saw a gun case. A search of a small closed container in the gun case was reasonable incident to arrest. If it was in a dresser drawer or … Continue reading

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TX finally approves of anticipatory warrants

Texas high court finally approves of anticipatory warrants. Parker v. State, 2022 Tex. Crim. App. LEXIS 470 (July 27, 2022). On his motion for reconsideration, defendant’s Franks challenge still fails. There’s probable cause without the challenged information. “Courts long have … Continue reading

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CA8: Vehicle inventory after arrest on outstanding warrant was reasonable

Defendant was arrested by tribal and federal officers on an outstanding warrant. The inventory search of his vehicle thereafter followed policy and was reasonable. United States v. Blacksmith, 2022 U.S. App. LEXIS 20084 (8th Cir. July 21, 2022).* “Accordingly, considering … Continue reading

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MS: Minor errors in paperwork didn’t obscure a thing and didn’t prejudice def

Minor errors in the paperwork for the warrant were not prejudicial to defendant. There was no challenge to probable cause, and the papers as a whole show the warrant timely executed after issuance. Jenkins v. State, 2022 Miss. App. LEXIS … Continue reading

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D.Md.: Def did not go to trial because counsel misstated the chances of success of a suppression motion

Defendant’s ineffective assistance of counsel of counsel claim for allegedly misstating the chances of success of a suppression motion is rejected. It was complex but not frivolous, and it was rejected and affirmed on appeal. Defense counsel didn’t misstate anything. … Continue reading

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CA11: No IAC; hypothetical motion to suppress would fail

Defense counsel wasn’t ineffective. The “hypothetical motion” to suppress would fail. Spriggs v. United States, 2022 U.S. App. LEXIS 17933 (11th Cir. June 29, 2022).* The rationale:

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CO: State can’t pile hunch on hunch to try to get to PC

“Colorado State Patrol (‘CSP’) Trooper Christian Bollen had a hunch, and then another hunch, and then another hunch. And he acted on those hunches, despite a circumstance directly undermining them.” “An officer’s hunch is insufficient to establish reasonable suspicion to … Continue reading

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M.D.Pa.: Trash pull corroborated CI

Here a trash pull corroborated the CI. United States v. Ledee, 2022 U.S. Dist. LEXIS 109859 (M.D. Pa. June 21, 2022). Defendant’s traffic stop for crossing the fog line was supported by the dashcam video. United States v. Webb, 2022 … Continue reading

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E.D.Tex.: Whether RV was immobile and used as a residence doesn’t matter where GFE applies

“In his third numbered objection, Lee argues that contrary to Officer Kennedy’s testimony, the RV was completely immobile at the time it was searched and that it was being used as a residence. But whether the RV was mobile or … Continue reading

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CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

Failure to deliver the whole search warrant to defendant violated Rule 41(f)(1)(C), but it wasn’t deliberate so no suppression. United States v. Manaku, 2022 U.S. App. LEXIS 16337 (9th Cir. June 14, 2022). 2254 petitioner’s ineffective assistance of counsel for … Continue reading

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CA7: Inevitable impoundment of car mooted claim dog jumped in car

Defendant’s car was inevitably going to be searched after impoundment, so the question of the drug dog jumping into the car doesn’t have to be decided. United States v. Overton, 2022 U.S. App. LEXIS 16158 (7th Cir. June 13, 2022). … Continue reading

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