Daily Archives: March 30, 2020

CA2: Barring cross-examination on execution of SW on cell phone wasn’t shown to be prejudicial

The district court didn’t err in sustaining the government’s objection to cross-examination about the execution of the search warrant on defendant’s cell phone because there was no showing that the warrant wasn’t improperly executed. United States v. Vargas, 2020 U.S. … Continue reading

Posted in Burden of pleading, Warrant execution | Comments Off on CA2: Barring cross-examination on execution of SW on cell phone wasn’t shown to be prejudicial

IL: Flight from gunshots is not RS

Defendant’s flight into his house on hearing gunshots was not reasonable suspicion to give chase or probable cause to enter the house to arrest him. Anybody would flee gunshots. People v. Craine, 2020 IL App (1st) 163403, 2020 Ill. App. … Continue reading

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CA5: Statute of limitations for malicious prosecution starts at acquittal

“As should be apparent, Winfrey controls. Since Fusilier is challenging ‘an unlawful [detention] pursuant to a warrant’ that the defendants caused to be issued because of ‘misstatements,’ Fusilier’s claim best fits with a malicious prosecution analogy. Winfrey, 901 F.3d at … Continue reading

Posted in § 1983 / Bivens, Cell site location information, Ineffective assistance | Comments Off on CA5: Statute of limitations for malicious prosecution starts at acquittal