Daily Archives: December 15, 2020

E.D.Va.: Attorney memorandum could be seized in plain view during search; 5A privilege was waived

In a criminal copyright infringement case, a search warrant issued, and the police seized an attorney memorandum in plain view. The court finds the attorney-client privilege was waived by prior disclosure to others. United States v. Dallmann, 2020 U.S. Dist. … Continue reading

Posted in Plain view, feel, smell, Privileges | Comments Off on E.D.Va.: Attorney memorandum could be seized in plain view during search; 5A privilege was waived

ProPublica: Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong.

ProPublica: Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong. By Ian McDougall (“Civil asset forfeiture laws, which allow police to seize property without trial, are frequently justified as tools to seize millions … Continue reading

Posted in Forfeiture | Comments Off on ProPublica: Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong.

OH6: When lack of PC for a SW is the issue, a suppression hearing isn’t required: it’s a question of law

When the defendant moves to suppress a search warrant claiming only a lack of probable cause, a hearing isn’t required. It’s then a mixed question of law and fact (mostly law). State v. Holt, 2020-Ohio-6649, 2020 Ohio App. LEXIS 4515 … Continue reading

Posted in Franks doctrine, Standards of review, Suppression hearings | Comments Off on OH6: When lack of PC for a SW is the issue, a suppression hearing isn’t required: it’s a question of law

OR: Questions about drugs without RS during a traffic stop exceeded the basis of the stop

“ Officers conducting a traffic stop may only conduct investigation unrelated to that traffic stop if they have independent constitutional justification for further inquiries. Neither line of inquiry here (first, whether defendant had drugs, and second whether she illegally possessed … Continue reading

Posted in Reasonable suspicion, Suppression hearings | Comments Off on OR: Questions about drugs without RS during a traffic stop exceeded the basis of the stop

N.D.Ohio: Lack of CI’s track record can be overlooked with corroboration of the story

The CI’s track record wasn’t disclosed but the corrobation was. Probable cause was shown. “Here, Detective Shelton’s affidavit established probable cause. Shelton’s affidavit relayed the informant’s statement that Defendant Butts was manufacturing Fentanyl tablets using Drug Mart brand pain medication. … Continue reading

Posted in Informant hearsay, Waiver | Comments Off on N.D.Ohio: Lack of CI’s track record can be overlooked with corroboration of the story

Today is Bill of Rights Day

December 15, 1791 the Bill of Rights was ratified by the states, 229 years ago.

Posted in Uncategorized | Comments Off on Today is Bill of Rights Day