Daily Archives: June 23, 2022

CA7: Bail hearing doesn’t have to be in 48 hours if a PC determination was

There is no hard rule that a bail hearing has to happen within 48 hours of arrest. PC finding, yes; bail, no. “[P]recedent dictates that only a probable-cause determination must be held within forty-eight hours. The constitutionally required timing of … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on CA7: Bail hearing doesn’t have to be in 48 hours if a PC determination was

MD: Smell of marijuana from a group of juveniles was RS for patdown but not PC

Even with marijuana being partly legal, possession of more than 10 grams was a crime. The smell of marijuana from a group permitted a frisk, and a gun was found on one. “Although that odor, without more, does not provide … Continue reading

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GA: Trial questions about SW affidavit properly excluded where officer didn’t prepare affidavit

Trial questions to one officer about alleged false statements in a search warrant affidavit attributed to him but where it was not written by him were excluded. This was not an abuse of discretion since he wasn’t the affiant. Harris … Continue reading

Posted in Admissibility of evidence, Cell phones, Cell site location information | Comments Off on GA: Trial questions about SW affidavit properly excluded where officer didn’t prepare affidavit

M.D.Pa.: Trash pull corroborated CI

Here a trash pull corroborated the CI. United States v. Ledee, 2022 U.S. Dist. LEXIS 109859 (M.D. Pa. June 21, 2022). Defendant’s traffic stop for crossing the fog line was supported by the dashcam video. United States v. Webb, 2022 … Continue reading

Posted in Ineffective assistance, Informant hearsay, Reasonable suspicion | Comments Off on M.D.Pa.: Trash pull corroborated CI

IL: Requirement of some testing of fire sprinkler system doesn’t require a search

A condominium association installed a newer fire protection system, and it was subject to annual testing. The ordinance only required it be tested by somebody, and who would likely be a contractor. It did not compel a search under the … Continue reading

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CA3: Not plain error to fail to exclude potential prejudicial testimony about risk of violence in execution of SW

Testimony about how a search warrant was executed as it was could have prejudiced defendant by revealing the government thought he was violent before arrest. It was not, however, plain error on this record without an objection. United States v. … Continue reading

Posted in Admissibility of evidence, Good faith exception, Warrant execution | Comments Off on CA3: Not plain error to fail to exclude potential prejudicial testimony about risk of violence in execution of SW