Category Archives: Conflict of laws

M.D.Pa.: Despite state MMJ, smell of MJ still PC under federal law

Despite medical marijuana being legal in this state, the smell of marijuana from a car is still probable cause under federal law. United States v. Skouras, 2025 U.S. Dist. LEXIS 10 (M.D. Pa. Jan. 2, 2025):

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IA: Federal supervised release search standards apply when leading to state prosecution

Conflict of laws: Where defendant’s supervised release search was by federal officers, federal law controls in state court, not state law. State v. Young, 2024 Iowa Sup. LEXIS 106 (Dec. 20, 2024). A motion to reconsider denial of a Fourth … Continue reading

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AR: LA judge could issue SW for LA medical records for AR crime

After an accident in South Arkansas, defendant was airlifted to a hospital in Shreveport, Louisiana. A search warrant in Louisiana was issued for his medical records. There was no requirement that an Arkansas judge issue a warrant first, just so … Continue reading

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W.D.Mich.: State law violation in search irrelevant in federal prosecution

Defense counsel can’t be ineffective for not arguing that state law was violated by the search in his federal case. Clark v. United States, 2024 U.S. Dist. LEXIS 219107 (W.D. Mich. Dec. 4, 2024).* Defense counsel could not be ineffective … Continue reading

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Conflict of laws: CA parole search waiver effective in AR

Defendant was arrested in Arkansas on a California extradition warrant, and he had a California parole search waiver. The California search waiver parallels the Arkansas statute, and Arkansas officials could search his clothing under that. In addition, the search incident … Continue reading

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NY Queens: Conflict of laws: Federal SW led to state court prosecution, and it is reviewed under state law

The warrant was issued by a U.S. Magistrate Judge, but it is reviewed under New York law which retained Aguilar/Spinelli, and it meets the test. People v. Mercado, 2023 NY Slip Op 23195, 2023 NYLJ LEXIS 1655, 2023 N.Y. Misc. … Continue reading

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CA9: Joint Cambodian-U.S. search unlawful under Cambodian law not unlawful here; exclusionary rule not applied

Defendant was the subject of a joint raid in Cambodia by local and U.S. officers. The search of defendant’s room was held unlawful under Cambodian law because there was no written consent of the owner, something with no counterpart in … Continue reading

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WA: ID officers participating in WA permitted at common law and not barred by 4A or statute

A child pornography investigation in Idaho led to a search warrant in a neighboring county in Washington. The Washington officers inviting Idaho officers to participate in aiding the search did not violate statute or the Fourth Amendment. It was permitted … Continue reading

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CA2: MLAT treaty search of Netherlands server was a foreign search

El Chapo’s case: The district court was correct in not suppressing telephone calls on a drug cartel network set up in the Netherlands to facilitate their drug trafficking. The information was obtained by an MLAT treaty request, and it was … Continue reading

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IA: Conflict of laws: Federal SW that ends up in state prosecution governed by federal law, not state

When a federal search warrant results in a state prosecution, federal law applies to the search in state court. Here it applied to a scope of search question that might have been decided differently under state law. This court held … Continue reading

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AR: Commercial cop show video of search wasn’t in hands of state for discovery

Video of a drug search by a company producing HBO’s Meth Storm wasn’t in the hands of the state, so the state couldn’t disclose it, following Harmon v. State, 2020 Ark. 217, 600 S.W.3d 586 (2020). King v. State, 2020 … Continue reading

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PA: Because CA police agreed to question a potential suspect in a PA murder, they didn’t become “agents” of PA

A murder occurred in Pennsylvania in 2002. A person with knowledge of the murder had moved to San Bernardino, California. Pennsylvania authorities called California and emailed reports on the murder. The California authorities undertook to interrogate defendant, which she agreed … Continue reading

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ND: Search incident in another state on arrest warrant from this state was in good faith

Defendant was arrested in North Dakota on a warrant out of Ohio, and the search incident conducted on his arrest was in good faith. State v. Marcum, 2020 ND 50, 2020 N.D. LEXIS 48 (Feb. 27, 2020).* Considering the factors … Continue reading

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S.D.N.Y.: Alleged violation of Florida law by def’s arrest there where local officer assisted federal officers wasn’t a 4A violation

An alleged violation of Florida law in defendant’s arrest there with the participation of local law enforcement isn’t shown to be a Fourth Amendment violation. “And Teman has not cited any authority so holding or, for that matter, treating such … Continue reading

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D.N.M.: Conflict of laws between circuits: Apply the law where the search occurred, subject maybe to good faith understandings [?]

In a search that took place in Arizona conducted in part by New Mexico officers, the court considers the conflict of laws question of which circuit’s law should apply: the circuit where the search occurred. At bottom, however, the court … Continue reading

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D.Nev.: Under probation interstate compact, probationer subject to rules of both states

Defendant was placed on probation in Arizona, and he was subject to suspicionless searches there. He transferred probation to Nevada under the Interstate Compact for probationers, but Nevada required reasonable suspicion. He knew he was subject to the probation conditions … Continue reading

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WA: Evidence lawfully obtained in another jurisdiction is admissible even if state law would have been violated

Washington’s “silver platter doctrine” that evidence lawfully obtained in another jurisdiction will be admitted into evidence there, even if Washington law would have been violated by the search in Washington, is retained and followed. The search warrant for child pornography … Continue reading

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MD: Maryland exclusionary rule and GFE applied to search in NJ for evidence of a MD murder

Defendant was a suspect in a Maryland murder case, and the state and USMs certainly had probable cause for him connecting him to the murder. Yet, the affidavit for the search warrant for property in New Jersey merely conclusorily stated … Continue reading

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CA9: Whether state officers violated state law in the search doesn’t matter in federal court under the 4A

Defendant argues that the officers violated Washington state law in his search and seizure. That doesn’t matter in federal court. United States v. Dauenhauer, 2018 U.S. App. LEXIS 34797 (9th Cir. Dec. 11, 2018). Under Hudson, “The federal exclusionary rule, … Continue reading

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IA: No IAC for not challenging evidence obtained in another state where state law was more defense favorable; can’t show outcome would be different

Defendant was arrested in Nebraska, and Iowa authorities sought his DNA there to connect him to an Iowa crime. Nebraska’s standard for obtaining DNA is less demanding. He can’t show on post-conviction that defense counsel was ineffective for not challenging … Continue reading

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