Category Archives: Ineffective assistance

CA8: Social media video of SW target shooting guns justified no-knock entry

Social media videos of a target of the warrant shooting guns viewed before obtaining the warrant justified a no-knock warrant. Davenport v. City of Little Rock, 2025 U.S. App. LEXIS 16540 (8th Cir. July 7, 2025). Plaintiff’s various claims, including … Continue reading

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OH12: Adoption of suppression motion brief by reference on appeal is waiver

Adoption of his suppression motion brief by reference without briefing it was waiver. Defendant had no reasonable expectation of privacy in a conversation with his girlfriend in the presence of a CI. State v. Davis, 2025-Ohio-2382, 2025 Ohio App. LEXIS … Continue reading

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W.D.Wash.: No 4A right to personal service of a SW

In this 2254, petitioner’s ineffective assistance of counsel claim that defense counsel didn’t object that the search warrant was not personally served on him wasn’t a constitutional requirement. Also barred by Stone. Witkowski v. Bennett, 2025 U.S. Dist. LEXIS 126262 … Continue reading

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CA5: Opening refrigerator here wasn’t justified by exigency during “sweep”

Opening a refrigerator wasn’t justified by any exigent circumstances in an entry to interview children about alleged abuse. McMurry v. Weaver, 2025 U.S. App. LEXIS 15956 (5th Cir. June 27, 2025). The dueling experts’ reports show a triable issue of … Continue reading

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WA: Admin. search entry through employee entrance tailgating employee into building violated statute and was suppressed

“This appeal asks us to decide whether Department of Labor and Industries (DLI) inspectors possessed authority to tailgate a fitness club member through an otherwise locked door into the fitness club to ask for permission to inspect the business premises … Continue reading

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OH9: Parole search of house was valid even though def arrested outside

The parole search of defendant’s place was still valid even though he was arrested outside. State v. Robinson, 2025-Ohio-2216 (9th Dist. June 25, 2025). 2255 petitioner doesn’t show counsel was ineffective for not moving to suppress because a suppression motion … Continue reading

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GA: Dog sniff during the first part of the stop while computer checks going on didn’t prolong it

“[T]he trial court was entitled to find that the questioning and free-air dog sniff were done concurrently with other tasks related to the mission of the traffic stop and therefore did not impermissibly prolong the stop.” Avant v. State, 2025 … Continue reading

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D.Kan.: Apt building parking lot not curtilage

The apartment building’s parking lot was not part of the curtilage. United States v. Isaac, 2025 U.S. Dist. LEXIS 120584 (D. Kan. June 24, 2025). Defendant was wanted on a PV warrant. A warrant task force located a place he … Continue reading

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E.D.Okla.: Entry to look for shooting victim was reasonable

Officer’s entry to look for a potential shooting victim was reasonable on exigent circumstances. United States v. Bird, 2025 U.S. Dist. LEXIS 112088 (E.D. Okla. May 7, 2025).* Defense counsel wasn’t ineffective for not challenging defendant’s taking DNA by warrant. … Continue reading

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OR: State didn’t develop alternative search theory just by mentioning it

The state didn’t sufficiently develop search incident as an alternative theory to sustain the search merely by mentioning it. State v. Ribota, 341 Or. App. 32 (June 4, 2025). There is a fact question for trial for excessive force, and … Continue reading

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NJ: Entering curtilage to plant GPS device on car exceeded tracking warrant and was suppressed

Police had an otherwise valid warrant to install a tracking device on defendant’s vehicle but in a public place. Instead, they entered the curtilage to install it there. This warrant execution violated the Fourth Amendment and state constitution. The tracking … Continue reading

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S.D.Ohio: Casting state court’s failure to follow 4A precedent more closely as a due process violation still Stone barred

2254 petitioner’s due process claim that the state court denied due process by not following precedent was barred by Stone. Allen v. Warden, SE. Corr. Inst., 2025 U.S. Dist. LEXIS 104131 (S.D. Ohio June 2, 2025). Defense counsel wasn’t ineffective … Continue reading

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D.C.Cir.: Ptf stated 1A retaliation claim over civil investigative demand

Media Matters stated a claim in D.C. for First Amendment retaliation by the Texas Attorney General’s civil investigative demand for records based on not liking their reporting. Injunction affirmed. Media Matters for America v. Paxton, 2025 U.S. App. LEXIS 13155 … Continue reading

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OH1: Drug dog’s instinctive jump into car window wasn’t unreasonable

The drug dog’s instinctive jump into the window of defendant’s car wasn’t initiated by the handler, so it wasn’t unreasonable. State v. Barton, 2025-Ohio-1904 (1st Dist. May 28, 2025) (2-1). “As already discussed, Parr had reason to believe Defendant was … Continue reading

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DE: Trial court holds Kansas v. Glover not followed under state constitution

A Delaware trial judge holds that the state constitution, adopted before the Fourth Amendment, provides more protection for motorists than Kansas v. Glover. State v. Coffey, 2025 Del. Super. LEXIS 266 (May 22, 2025). (This will be appealed.) There’s no … Continue reading

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M.D.Fla.: Incomplete PC showing here was essentially knowing, so motion to suppress granted

The police here presented incomplete probable cause here that a phone call could have corrected. Since the officer knew it (and that probable cause might be lacking) and said he was charging defendant anyway, the motion to suppress the automobile … Continue reading

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GA: GPS data in a child porn image on def’s phone was PC to search his house

GPS data in a child porn image on defendant’s phone was probable cause to search his house. Bibbs v. State, 2025 Ga. App. LEXIS 186 (May 13, 2025). Briefly crossing the centerline is not an offense unless it appears unsafe. … Continue reading

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WA: 911 call about following a DUI was RS for stop

Officers could rely on a 911 call about an alleged drunk driver who was reporting what she was seeing. “Law enforcement officers may effectuate a Terry stop based on a 911 caller’s tip when the tip is reliable and contains … Continue reading

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W.D.Va.: Not IAC to logically choose 4A arguments

Trial counsel wasn’t ineffective for not arguing his desired defendant’s personal Franks issue when lack of probable cause was a better issue. He also wasn’t ineffective for not arguing that GPS tracking across state lines was unreasonable. Appellate counsel wasn’t … Continue reading

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AR: Use of a CI for a SW creates no confrontation issue

The use of a CI for a search warrant creates no confrontation issue. Williams v. State, 2025 Ark. App. 252, 2025 Ark. App. LEXIS 254 (Apr. 23, 2025). It was appellate counsel’s choice to not pursue defendant’s search claim on … Continue reading

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