Daily Archives: July 5, 2022

D.Md.: Def did not go to trial because counsel misstated the chances of success of a suppression motion

Defendant’s ineffective assistance of counsel of counsel claim for allegedly misstating the chances of success of a suppression motion is rejected. It was complex but not frivolous, and it was rejected and affirmed on appeal. Defense counsel didn’t misstate anything. … Continue reading

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N.D.Ind.: Typo in SW home address was cured by picture of house

A typo in defendant’s home address was not prejudicial where there was a picture of the house included in the warrant. Thus, no ineffective assistance of counsel for not challenging it. Kassay v. United States, 2022 U.S. Dist. LEXIS 116669 … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Warrant papers, Warrant requirement | Comments Off on N.D.Ind.: Typo in SW home address was cured by picture of house

E.D.Ark.: Def’s statements disassociating himself from the premises searched showed no standing

Defendant had some connection to the premises, but his disassociation from the premises when asked about it by the police showed his lack of standing. “To resolve his motion to suppress, however, the Court need not determine whether these possessory … Continue reading

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CA11: Reasonable mistake of law on basis for stop was not 4A violation

“An officer’s reasonable mistake of law—that is, when ‘the law turns out to be not what was thought’—can justify probable cause. [Heien] at 61-64. The officer ‘deserve[s] a margin of error’ when ‘the application of a statute is unclear—however clear … Continue reading

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M.D.La.: Car could be searched when it was stopped near home being searched with SW

“[O]fficers were entitled to search the car pursuant to the warrant because Defendant was stopped within the immediate vicinity of his residence.” United States v. Clayton, 2022 U.S. Dist. LEXIS 116345 (M.D. La. June 30, 2022).* During a traffic stop, … Continue reading

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S.D.Fla.: A § 1983 case over pre-Kraft video surveillance dismissed for QI

In another court ordered video surveillance massage parlor case, this time a § 1983 case, the surveillance order was pre-Kraft where the 4th DCA suppressed surveillance there, so the defendants get qualified immunity. Taig v. Currey, 2022 U.S. Dist. LEXIS … Continue reading

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CA8: Independent source justified search despite illegal protective sweep

“Herbert Green previously appealed the denial of his motion to suppress drugs and firearms discovered in his apartment during a law enforcement search outside the scope of the police’s warrant. See United States v. Green, 9 F.4th 682, 691-93 (8th … Continue reading

Posted in Computer and cloud searches, Independent source, Inventory, Protective sweep | Comments Off on CA8: Independent source justified search despite illegal protective sweep