Daily Archives: September 27, 2022

IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

Under dual sovereignty, the federal court’s suppression of evidence in defendant’s federal criminal case had no preclusive effect on a following state court prosecution. The identity of the parties was different. On the merits, the state court concludes there was … Continue reading

Posted in Consent, Emergency / exigency, Issue preclusion, Video surveillance | Comments Off on IN: After federal court suppressed search, feds hand case off to state; no preclusive effect from federal suppression

ID: Def’s claim he needed an ambulance during a stop extended it, not the officer

Defendant was lawfully stopped for a traffic offense. He claimed he needed an ambulance and one was called for him. While the EMTs were attending to him the officer started on his report of the stop. He asked defendant for … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off on ID: Def’s claim he needed an ambulance during a stop extended it, not the officer

CA5: Car could be towed and inventoried rather than left at gas pumps

Officers observed two traffic violations and stopped him at gas pumps. An old arrest warrant surfaced. Leaving the car at the gas pump was not reasonable–it could be towed and inventoried. United States v. Walker, 2022 U.S. App. LEXIS 26405 … Continue reading

Posted in Franks doctrine, Inventory, Reasonable suspicion | Comments Off on CA5: Car could be towed and inventoried rather than left at gas pumps