Monthly Archives: July 2020

TX1: Knock-and-announce violation doesn’t warrant suppression under Hudson

The CI was reliable and provided probable cause. A knock-and-announce violation doesn’t warrant suppression. Cleveland v. State, 2020 Tex. App. LEXIS 5829 (Tex. App. – Houston (1st Dist.) July 28, 2020):

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D.Ore.: Illegibility of judge’s signature on SW not 4A violation

Just because the state trial judge’s signature was illegible doesn’t violate the Fourth Amendment. The judge’s name was stamped below. United States v. McElroy, 2020 U.S. Dist. LEXIS 132608 (D. Ore. July 24, 2020). Franks challenge fails: “Thus, the bottom … Continue reading

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Colorado grants review of pole camera surveillance

“Petition for Writ of Certiorari GRANTED. EN BANC. [¶] Whether the court of appeals erred in concluding that video surveillance through a camera mounted to a utility pole constituted a warrantless search in violation of the Fourth Amendment.” People v. … Continue reading

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CA6: Tasering resisting suspect is reasonable

Tasering a resisting suspect is reasonable, and the video shows it. Siders v. City of Eastpointe, 2020 U.S. App. LEXIS 23454 (6th Cir. July 24, 2020).* The controlled buy off defendant was clearly probable cause for the search warrant, so … Continue reading

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S.D.Ohio: Presence of PC moots GFE

The search warrant for storage buildings was issued with probable cause, so the good faith exception is moot. United States v. Payne, 2020 U.S. Dist. LEXIS 131805 (S.D. Ohio July 27, 2020).* Defense counsel wasn’t ineffective for not challenging CSLI … Continue reading

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CA9: Where first meeting violated 4A, second meeting 8 mo later tied to first was not attenuated

By the court: “The panel explained that when a confession results from certain types of Fourth Amendment violations, the government must go beyond proving that the confession was voluntary—it must also show a sufficient break in events to undermine the … Continue reading

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CA6: Lack of minimal nexus is lack of PC and no GFE

The district court held the affidavit for drugs in defendant’s house was lacking nexus and probable cause for lack of good information and the good faith exception didn’t apply. Affirmed. United States v. Ward, 2020 U.S. App. LEXIS 23607 (6th … Continue reading

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techdirt: Appeals Court Bashes Predictive Policing And The Judge Who Argued People In High Crime Areas Want Fewer Rights

techdirt: Appeals Court Bashes Predictive Policing And The Judge Who Argued People In High Crime Areas Want Fewer Rights by Tim Cushing;

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CAAF: Devolution of M.R.E. 311(a) authority is a functional test; Lt.Col. overseas, and Maj. in charge of everything else

Devolution of authority from a commanding officer at a military installation from one to the Executive Officer during a six month deployment is governed by a functional analysis under M.R.E. 311(a). Here, the Major had authority in the absence of … Continue reading

Posted in Probable cause, Warrant requirement | Comments Off on CAAF: Devolution of M.R.E. 311(a) authority is a functional test; Lt.Col. overseas, and Maj. in charge of everything else

D.Ore.: TRO granted against arrests in Portland of journalists and legal observers without PC

TRO granted in Portland protests against arrests of journalists and legal observers without probable cause. Index Newspapers LLC v. City of Portland, 2020 U.S. Dist. LEXIS 131672 (D. Ore. July 23, 2020):

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NM: SW time limit to execute cell phone SW is from initial seizure, not the download

“[W]hen a warrant is issued to search an electronic device, that warrant is executed when the device is seized or the data is copied on-site, which must occur within Rule 5-211(C)’s ten-day time limit. Rule 5-211(C)’s ten-day time limit applies … Continue reading

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W.D.Mo.: No const’l distinction between jailer monitoring jail calls and turning them over to prosecutors

There is no constitutional distinction between a jailer listening to calls and then forwarding them to prosecutors for use as potential evidence. United States v. Nesbitt, 2020 U.S. Dist. LEXIS 131220 (W.D. Mo. July 24, 2020). Officer’s statement that a … Continue reading

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CA9: Hotel occupancy ends when manager kicks you out

“The district court correctly determined that Ford lacked standing to challenge the officers’ entry into the hotel room under the Fourth Amendment because any reasonable expectation of privacy Ford had in the room, which had been rented by Ford’s co-defendant … Continue reading

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MA: Info there might be armed men holding a hostage inside justified entry

“In this case, the police had information that there might be armed men holding a woman in an apartment against her will. In the circumstances presented here, so long as the officers had ‘an objectively reasonable basis to believe’ that … Continue reading

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M.D.Tenn.: Dashcam perspective may be different than officer’s

The dashcam video does not undermine the crediblity of the officer on the basis for the stop because the dashcam’s perspective may be different than the officer’s. United States v. Cart, 2020 U.S. Dist. LEXIS 130796 (M.D. Tenn. July 24, … Continue reading

Posted in Standards of review, Waiver | Comments Off on M.D.Tenn.: Dashcam perspective may be different than officer’s

ND: Failure to adequately brief a 4A issue is waiver

“While Lindquist makes a conclusory statement that his detention was unlawful, he failed to adequately develop an argument in support of this contention. The district court’s findings have adequate support in the record. ‘Our Court will not consider an argument … Continue reading

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KY declines to adopt a per se rule that a completed misdemeanor is not subject to a stop-and-frisk

Kentucky declines to adopt a per se rule that a completed misdemeanor is not subject to a stop-and-frisk because it is too difficult to apply in the field. K.H. v. Commonwealth, 2020 Ky. App. LEXIS 86 (July 24, 2020):

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CO: Traffic stop was objectively reasonable even though officer cited wrong statute

Defendant’s stop was objectively reasonable, even though the officer cited the wrong statute. People v. Ambrose, 2020 COA 112, 2020 Colo. App. LEXIS 1384 (July 23, 2020). “[W]e need not address Salas’s argument that a slight delay to conduct a … Continue reading

Posted in Dog sniff, Reasonable suspicion, Reasonableness | Comments Off on CO: Traffic stop was objectively reasonable even though officer cited wrong statute

The Atlantic: Nothing Can Justify the Attack on Portland

The Atlantic: Nothing Can Justify the Attack on Portland by Quinta Jurecic & Benjamin Wittes (“The question of whether these arrests are appropriate has a clear answer—at least in a nation that purports to live under the rule of law.”)

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WaPo: The federal police in Portland don’t even understand what ‘arrests’ are

WaPo: The federal police in Portland don’t even understand what ‘arrests’ are by Prof. By Andrew Manuel Crespo (“The government cannot lawfully exercise its power of arrest if it doesn’t realize it is, in fact, arresting people in the first … Continue reading

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