Daily Archives: December 26, 2020

N.Y.Co.: Warrant to seize DNA includes state’s ability to test

When a warrant is obtained to get evidence, here DNA, a separate warrant isn’t required to test it. People v. Belliard, 2020 NY Slip Op 20346, 2020 N.Y. Misc. LEXIS 10747 (N.Y. Co. Dec. 22, 2020). “The totality of the … Continue reading

Posted in DNA, Probable cause, Warrant execution | Comments Off on N.Y.Co.: Warrant to seize DNA includes state’s ability to test

OH2: Post-conviction 4A claim of lack of PC for SW fails for failure to include affidavit in record

Defendant’s post-conviction claim that defense counsel was ineffective for not challenging the validity of the search warrant in his case fails. He has to show he would have prevailed on the search issue, but the affidavit for the warrant isn’t … Continue reading

Posted in Burden of proof, Ineffective assistance, Waiver | Comments Off on OH2: Post-conviction 4A claim of lack of PC for SW fails for failure to include affidavit in record

CAAF: Not all details of alleged offense need to be included in request for search authorization

The military trial judge erred in concluding that the search authorization required AFOSI complete information to determine probable cause for defendant’s DNA in a sex assault case. It’s not. Just because there were differing versions of how dressed the victim … Continue reading

Posted in Franks doctrine, Military searches, Probable cause | Comments Off on CAAF: Not all details of alleged offense need to be included in request for search authorization

D.Neb.: Knights eliminated stalking horse theory of police using POs to conduct searches

Knights eliminated the stalking horse theory of police using POs to conduct searches because they can, too. United States v. Brun, 2020 U.S. Dist. LEXIS 239791 (D. Neb. Dec. 21, 2020). There was reasonable suspicion for defendant’s stop from a … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off on D.Neb.: Knights eliminated stalking horse theory of police using POs to conduct searches