Daily Archives: December 27, 2021

N.D.Ill.: Criminal history questions during traffic stop reasonably related to officer safety

“Officer Nisivaco’s questions about the offense for which Carson was on parole and the recency of his gun offense were permissible, ‘negligibly burdensome precautions’ taken to ensure officer safety. Rodriguez, 575 U.S. at 356.” Asking about whether he was up … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off on N.D.Ill.: Criminal history questions during traffic stop reasonably related to officer safety

S.D.Ind.: Not all 4A claims are Heck barred, but ptf here “has pled himself into a Heck bar”

“The Court acknowledges that not all Fourth Amendment claims are barred by Heck. Indeed, a civil rights claim may go forward before a conviction is invalidated where the civil rights violation ‘does not inevitably undermine a conviction.’ Booker v. Ward, … Continue reading

Posted in § 1983 / Bivens, Issue preclusion | Comments Off on S.D.Ind.: Not all 4A claims are Heck barred, but ptf here “has pled himself into a Heck bar”

CA1: “Face-to-face” contact with CI by another officer was sufficient

“Although we have said that ‘face-to-face contact between the agent and informant’ and an agent’s opportunity to personally question him generally provides indicia of that informant’s reliability, see, e.g., Dixon, 787 F.3d at 59; Greenburg, 410 F.3d at 67, the … Continue reading

Posted in Franks doctrine, Informant hearsay | Comments Off on CA1: “Face-to-face” contact with CI by another officer was sufficient

D.Mont.: Coercive situation made def’s consent in own home involuntary

On the totality, defendant’s consent was not freely given. The situation was coercive and in his own home. United States v. Simpson, 2021 U.S. Dist. LEXIS 243401 (D.Mont. Dec. 21, 2021)*:

Posted in Consent | Comments Off on D.Mont.: Coercive situation made def’s consent in own home involuntary