Daily Archives: March 1, 2022

CA4: If you’re going to call the search “egregious,” at least cite a case

“Dr. Dong next asserts, without citation to case law, that ‘[e]gregious procedural deficiencies in the investigation, prosecution, trial and sentencing’ occurred such that his convictions and sentence must be reversed. Opening Br. 18. He first points to alleged deficiencies in … Continue reading

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CA9: The “shocking the conscience” standard is higher than the 4A standard for use of force

The “shocking the conscience” standard is way higher than the Fourth Amendment standard in excessive force cases. “The plaintiffs’ Fourteenth Amendment claim requires that the officers’ conduct ‘shocks the conscience’—a standard that is more demanding of the plaintiffs than the … Continue reading

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E.D.La.: Fishing is a heavily regulated industry, and GPS tracking of vessels and reporting of catches is reasonable under Burger

The fishing industry is heavy regulated and has been by Congres since 1793. The government’s requirement of GPS tracking on vessels and reporting of the catch each day for charter fishermen is reasonable and constitutional under Burger v. New York. … Continue reading

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NY Claims: Searching officer’s later perjury indictment over another SW affidavit supports claim over claimant’s conviction set aside as a result of disclosure

Claimant was convicted of drug possession. The state notified him after the fact that the arresting officer had been indicted for perjury for a false search warrant affidavit in an unrelated case. His criminal case was a credibility contest about … Continue reading

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OH3: Where PC exists as to a car, use of a drug dog before the physical search not unreasonable

Once the officer smells marijuana, it violates no law to use a drug dog first rather than just proceeding to search the car. State v. Jones, 2022-Ohio-561, 2022 Ohio App. LEXIS 487 (3d Dist. Feb. 18, 2022). (The less intrusive … Continue reading

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NYLJ: Analysis: How Courts Determine the Constitutionality of Police Use of Deadly Force

NYLJ: Analysis: How Courts Determine the Constitutionality of Police Use of Deadly Force (“In determining ‘objective reasonableness’ in police use of deadly force cases, Martin Schwartz looks at the Tenth Circuit’s recent decision in’ Estate of Taylor v. Salt Lake … Continue reading

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