Category Archives: Ineffective assistance

DE: Mandamus can’t be used as interlocutory appeal of denial of motion to suppress

A petition for writ of mandamus can’t be used as an interlocutory appeal of denial of a motion to suppress. In re Taylor for A Writ of Mandamus, 2023 Del. LEXIS 400 (Dec. 5, 2023). Plaintiff sued under the Fourth … Continue reading

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E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

Some of the items seized under the warrant were named or were covered by plain view when the police got inside. Some are excludable, but they aren’t returned because the government intends to forfeit. United States v. Abdul-Latif, 2023 U.S. … Continue reading

Posted in Exclusionary rule, Forfeiture, Ineffective assistance, Overseizure, Scope of search, Waiver | Comments Off on E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

OH8: Extraterritorial stop by LEO doesn’t violate 4A, and exclusionary rule doesn’t apply to statutory violations

An extraterritorial stop by an officer does not violate the Fourth Amendment. The exclusionary rule doesn’t apply to statutory violations, here especially because of public safety concerns. City of Fairview Park v. Bowman, 2023-Ohio-4210, 2023 Ohio App. LEXIS 4047 (8th … Continue reading

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CT: IAC in cell phone search decided on lack of prejudice, not the merits

Defendant was convicted of accessory to murder. He claimed trial counsel was ineffective for not moving to suppress the 2013 search of his cell phone. Police sought a warrant for the phone, and the DA prepared it. While the papers … Continue reading

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CA5: Siccing police dog on woman in mental health crisis was excessive force; no crime involved

“Without any further attempts to subdue Sligh without the use of a dog bite, and without providing Sligh any warning that she may be subjected to a dog bite if she did not comply, Sutton sicced a dog on a … Continue reading

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CA7: Hospital medical staff getting def to spit out machine gun part wasn’t search and they weren’t govt actors

Defendant had a Glock fully auto switch in his mouth while in the hospital. While treating him, the medical staff finally got him to spit it out. That was not a search. The medical staff were not government actors for … Continue reading

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S.D.Ind.: When a crime occurs in a car in front of the passengers, it’s reasonable to infer they were involved for PC purposes

When a suspected crime occurs in a car in front of the passengers, it is reasonable to infer, for probable cause purposes, that they are involved, comparing Di Re (1947) and Pringle (2003). United States v. Groves, 2023 U.S. Dist. … Continue reading

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Cal.3d: Falsely telling def that officers wouldn’t tow his car if he consented to a search made the consent involuntary

Falsely telling defendant that officers wouldn’t tow his car if he consented to a search made the consent involuntary. Here, the officer’s statement as to the law was false. Boitez v. Superior Court, 2023 Cal. App. LEXIS 859 (3d Dist. … Continue reading

Posted in Consent, Ineffective assistance, Probable cause, Voluntariness | Comments Off on Cal.3d: Falsely telling def that officers wouldn’t tow his car if he consented to a search made the consent involuntary

TN: No IAC to distance def from property of another and claim no standing

Defense counsel wasn’t ineffective for not filing a motion to suppress property that wasn’t his but where he spent time. The trial strategy was to distance defendant from the property, and asserting a reasonable expectation of privacy in the property … Continue reading

Posted in Ineffective assistance, Private search, Probable cause, Standing | Comments Off on TN: No IAC to distance def from property of another and claim no standing

NE: Reliability of Google Translate app for use to get consent to search not preserved below

Consent to search granted by a non-English speaking suspect via Google Translate app was not properly preserved for appeal as to the accuracy of the translation. “While Hernandez’ counsel objected to the admission of the evidence obtained from the search … Continue reading

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N.D.Ind.: Def put drugs in a confederate’s car, and he had no standing despite being the target of the search

Defendant put drugs in bags in the car of a confederate in the crime. When the car was searched, he didn’t have standing, even though he was admittedly the target of the search and not in possession. United States v. … Continue reading

Posted in § 1983 / Bivens, Ineffective assistance, Standing | Comments Off on N.D.Ind.: Def put drugs in a confederate’s car, and he had no standing despite being the target of the search

TN: Trial court erred in deciding no standing where state didn’t argue that

The trial court decided the suppression issue on lack of standing when the state conceded standing and argued the merits of the search. Reversed for another suppression hearing. State v. Richards, 2023 Tenn. Crim. App. LEXIS 430 (Oct. 23, 2023). … Continue reading

Posted in Ineffective assistance, Probable cause, Standing | Comments Off on TN: Trial court erred in deciding no standing where state didn’t argue that

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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OH: Written inventory not always required to justify it

The failure of officers to make a written inventory doesn’t necessarily constitutionally nullify the inventory. Officer’s testimony about the standardized procedures was sufficient without actually putting the policy into evidence. State v. Toran, 2023-Ohio-3564, 2023 Ohio LEXIS 1957 (Oct. 4, … Continue reading

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CA6: Officer’s knowledge of parole search condition irrelevant when there was PC

“Regardless of whether Cosme was aware of the search condition prior to conducting the traffic stop, the district court did not err in denying Marr’s motion to suppress. We thus find it unnecessary to address the broader question of whether … Continue reading

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W.D.Va.: Interference with prison mail is 1&14A claim, not 4A

Confiscation or interference with prison legal mail is a First and Fourteenth Amendment claim, not Fourth. Chenevert v. Kanode, 2023 U.S. Dist. LEXIS 171627 (W.D. Va. Sep. 26, 2023). There was reasonable suspicion for a frisk of the driver of … Continue reading

Posted in Ineffective assistance, Mail and packages, Prison and jail searches, Reasonable suspicion | Comments Off on W.D.Va.: Interference with prison mail is 1&14A claim, not 4A

S.D.N.Y.: License plate reading “SOVEREIGN CITIZEN USC ART. SEC. 242.” was RS for stop

License plate reading “SOVEREIGN CITIZEN USC ART. SEC. 242.” was reasonable suspicion for a stop. He admitted he had a gun and the computer check showed he was a convicted felon. United States v. Craft, 2023 U.S. Dist. LEXIS 170483 … 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

Posted in Ineffective assistance, Informant hearsay, Issue preclusion, Prison and jail searches | Comments Off on M.D.Fla.: Defense counsel was ineffective for not raising valid suppression issue that would have reduced Guideline range below life

W.D.Tex.: Right to non-recording and distribution of jail calls to attorneys was clearly established

Plaintiff’s complaint against the jail for recording attorney-client calls and transmitting them to law enforcement and prosecutors stated a claim for relief that was clearly established. Hurdsman v. Gleason, 2023 U.S. Dist. LEXIS 163081 (W.D. Tex. Sep. 14, 2023). Defendant’s … Continue reading

Posted in Ineffective assistance, Privileges, Probation / Parole search, Qualified immunity | Comments Off on W.D.Tex.: Right to non-recording and distribution of jail calls to attorneys was clearly established

MD: IAC Brady claim fails over search claim

Defense counsel’s failure to seek the IAD file on the officers at a suppression hearing wasn’t ineffective assistance of counsel. The searching officer had an alleged propensity to exaggerate and excessively strip search. Here, however, another officer was there to … Continue reading

Posted in Ineffective assistance, Inventory, Nexus, Strip search, Warrant execution | Comments Off on MD: IAC Brady claim fails over search claim