Daily Archives: October 12, 2020

N.D.Ill.: Def had standing to challenge search of a garage of another he was using and had exclusive control over at the time

“Perez has provided enough evidence to show that, at the time of the search, he had control over the Dakin garage and the ability to exclude others from it. He was storing materials there, there was no one else on … Continue reading

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CA9: No standing to sue to enjoin future border searches of cell phones

Plaintiff cannot obtain prospective injunctive relief against future border cell phone searches because he lacks standing for future searches. As to past searches, he cannot obtain injunctive relief after suing under the FTCA. “Under FTCA’s judgment bar, ‘once a plaintiff … Continue reading

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KS: Legality of a stop may be pursued before DMV in a DL suspension

The legality of a stop may be pursued before DMV in a DL suspension. Jarvis v. Kan. Dep’t of Revenue, 2020 Kan. LEXIS 97 (Oct. 9, 2020). The trial court barred relitigating defendant’s Fourth Amendment claim on collateral estoppel grounds. … Continue reading

Posted in Exclusionary rule, Waiver | Comments Off on KS: Legality of a stop may be pursued before DMV in a DL suspension