Daily Archives: March 18, 2020

GA: Failure to bring up record of suppression hearing held instead in a connected case was waiver

Defendant was charged under indictment 1 and had a suppression hearing. He was reindicted in indictment 2 and went to trial in that case. When he appealed, the record of conviction under indictment 2 came up for appeal and no … Continue reading

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OH2: On inventory of car owned by another, the police have no duty to call the owner

This inventory for driving another’s car without a license was reasonable. It followed policy, and there was no duty to call the owner to retrieve it to avoid the inventory. State v. Allen, 2020-Ohio-947, 2020 Ohio App. LEXIS 868 (2d … Continue reading

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CA1: Community caretaking function can apply to dwellings, too, when there’s a public safety issue

Following other jurisdictions, the court holds that the community caretaking function applies to private residences as well. Here, the plaintiff was acting erratically and his wife called the police. It was reasonable to seize his guns when he was sent … Continue reading

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GA: Def made no effort to show standing in girlfriend’s cell phone

CSLI was admitted involving defendant’s girlfriend’s cell phone that defendant was using. He made no effort to show standing in the cell phone. Defense counsel wasn’t ineffective for not raising standing. Albright v. State, 2020 Ga. App. LEXIS 187 (Mar. … Continue reading

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N.D.Okla.: Patdown for weapons that became an investigative search was unreasonable

Defendant concedes the basis for the stop but not the justification for a patdown. The court finds reasonable suspicion on the totality extreme (not ordinary) nervousness. But, the search was excessive, and the motion to suppress is granted. “The Court … Continue reading

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