Daily Archives: April 1, 2022

CA6: Misidentification and 24 days in jail for wrong man not shown to be pattern for city liability

“‘Benny’ Lopez of Traverse City sold heroin to a confidential informant working with the Traverse Narcotics Team in northern Michigan. ‘Benjamin’ Lopez of Grand Rapids did not. Yet officers arrested Benjamin, not Benny, for this crime. The wrong Lopez languished … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Qualified immunity | Comments Off on CA6: Misidentification and 24 days in jail for wrong man not shown to be pattern for city liability

D.Mass.: A foreign law enforcement agency can be a CI, and these are the standards

“Given these facts, the Magistrate Judge reasonably relied on the foreign agency’s tip in concluding that probable cause existed to issue the search warrant because (1) ‘a tip from one federal law enforcement agency to another implies a degree of … Continue reading

Posted in Abandonment, Informant hearsay, Reasonable suspicion | Comments Off on D.Mass.: A foreign law enforcement agency can be a CI, and these are the standards

N.D.Ga.: No standing from hiding a gun and clip in the breakfast area of a hotel

Defendant has no standing to contest police finding his gun and clip he hid in separate cabinets in the breakfast area of his hotel. United States v. Blakely, 2022 U.S. Dist. LEXIS 59245 (N.D.Ga. Feb. 28, 2022),* adopted, 2022 U.S. … Continue reading

Posted in Cell phones, Consent, Emergency / exigency, Standing | Comments Off on N.D.Ga.: No standing from hiding a gun and clip in the breakfast area of a hotel

OH11: Dragging out the stop a few minutes to allow drug dog to arrive made it unreasonable

In a state where the appellate courts are overly solicitous of police calling for drug dog sniffs in traffic stops, this court finds the stop prolonged for the drug dog to get there without reasonable suspicion. Neyhard v. State, 2022-Ohio-1098, … Continue reading

Posted in Probable cause, Reasonable suspicion, Standards of review | Comments Off on OH11: Dragging out the stop a few minutes to allow drug dog to arrive made it unreasonable

NY3: SW address for 1013 Pleasant second floor permitted search when it was actually 1015 Pleasant

The address of the place to be searched in the warrant was 1013 Pleasant Street, second floor. The second floor, however, was 1015 Pleasant Street, and it was searched. The warrant is not to be view hypertechnically, and it adequately … Continue reading

Posted in Automobile exception, Particularity, Staleness | Comments Off on NY3: SW address for 1013 Pleasant second floor permitted search when it was actually 1015 Pleasant