Daily Archives: February 11, 2022

E.D.Pa.: Tearing down plaintiff’s building was a seizure under Soldal

Tearing down plaintiff’s building was a seizure under Soldal. The record thus far precludes summary judgment. Dvortsova v. City of Philadelphia, 2022 U.S. Dist. LEXIS 23868 (E.D.Pa. Feb. 9, 2022). Defendant’s 2255 claim that defense counsel was ineffective for not … Continue reading

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E.D.Va.: Guilty plea with waiver of 4A claim not judicial estoppel to § 1983 claim

Plaintiff’s guilty plea in federal court was a waiver of his Fourth Amendment claims, and that was not judicial estoppel to a § 1983 case over the merits. Moreover, because the independent source doctrine was involved, the Heck bar did … Continue reading

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OH4: No standing in codef’s patdown

Defendant has no standing to challenge a codefendant’s patdown. In addition, admission of his jail calls was not a Fifth Amendment violation. (Finally, defense counsel wasn’t ineffective for withdrawing a motion to suppress that was destined to fail.) State v. … Continue reading

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DC: Even if def was illegally arrested, his identification is not suppressed

Even if defendant was illegally arrested, his identification is not suppressed. Hood v. United States, 2022 D.C. App. LEXIS 57 (Feb. 10, 2022):

Posted in Exclusionary rule | Comments Off on DC: Even if def was illegally arrested, his identification is not suppressed

DC: Throwing backpack over a wall running from police is abandonment

The police gave chase to defendant, and he ran down an alley and threw his backpack over a wall into somebody else’s backyard. “In the present case, we assume without deciding that Mr. Kyle retained a subjective expectation of privacy … Continue reading

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