Daily Archives: August 21, 2021

N.D.Ill.: No federal right to challenge administrative SW before execution

“[F]ederal decisions outside this circuit do not change the Court’s conclusion that Anthony Marano has no pre-execution right to judicial review of the administrative inspection warrant.” In re Establishment Inspection of Anthony Marano Co., 2021 U.S. Dist. LEXIS 157819 (N.D.Ill. … Continue reading

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Cal.3d: DNA obtained from def’s arrest in another unprosecuted case could be used to link him to a prior murder

Defendant’s DNA obtained from an arrest with probable cause but where he wasn’t formally charged could be used to link him to a prior murder, relying on Maryland v. King. People v. Roberts, 2021 Cal. App. LEXIS 692 (3d Dist. … Continue reading

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CA11 (en banc): Preponderance standard required for inevitable discovery

“We granted rehearing en banc in this case to decide what standard of proof the government must satisfy to show that the evidence would ultimately have been discovered through lawful means without the constitutional violation. Must it show there was … Continue reading

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CA8: Some evidence of nexus saves SW under GFE

Under the good faith exception, executing officers are entitled to rely on the magistrate judge’s nexus finding with some actual basis they can reasonably rely on, even if it technically might have been wrong. United States v. Barnes, 2021 U.S. … Continue reading

Posted in Good faith exception, Ineffective assistance, Nexus, Pretext | Comments Off on CA8: Some evidence of nexus saves SW under GFE