Daily Archives: December 16, 2022

NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks

NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks (“Conducting a warrant check on someone without sufficient cause violates a person’s fourth amendment rights, civil rights attorneys say.”) WaPo: NYPD ends tactic of prolonging stops to check for warrants … Continue reading

Posted in Reasonable suspicion, Reasonableness, Seizure | Comments Off on NY Daily News: NYPD settles lawsuit over unconstitutional warrant checks

CA10: State SW issued for DNA in Indian country was still in good faith

A state search warrant for defendant’s DNA for an offense in Indian Country was relied upon in good faith, despite defendant’s contention the warrant was issued by an issuing authority outside the jurisdiction. McGirt doesn’t change this. United States v. … Continue reading

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Cal.2: MJ smell associated with minors still RS for an offense

Officers ran an LPN and saw that the vehicle had expired tags. Driving next to the car, officers smelled burnt marijuana and knew that the users were minors which is still an offense under California law. That was cause for … Continue reading

Posted in Burden of pleading, Franks doctrine, Ineffective assistance, Inevitable discovery, Plain view, feel, smell | Comments Off on Cal.2: MJ smell associated with minors still RS for an offense

D.S.C.: “The victim’s lack of cooperation alone does not vitiate probable cause.”

Once probable cause arose, “The victim’s lack of cooperation alone does not vitiate probable cause.” Ebersole v. Lex Co Pub. Defs. Office, 2022 U.S. Dist. LEXIS 224874 (D.S.C. Nov. 22, 2022). The leaseholder was a co-resident and she had the … Continue reading

Posted in Consent, Informant hearsay, Probable cause | Comments Off on D.S.C.: “The victim’s lack of cooperation alone does not vitiate probable cause.”

AK: Exclusionary rule doesn’t apply to DV civil proceeding

The exclusionary rule does not apply in Domestic Violence Protective Order proceeding. Green v. State, 2022 Alas. LEXIS 140 (Dec. 14, 2022) (due process claim). Multiple calls between the CI and defendant arranging a fentanyl deal and defendant showing up … Continue reading

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OH4: Once dog alerts, automobile exception arises, and vehicle can be moved for search

Once a drug dog alerted on defendant’s car, the automobile exception arose, and the search did not have to occur right away. The vehicle could be removed to another location for the search. State v. Harper, 2022-Ohio-4357, 2022 Ohio App. … Continue reading

Posted in Automobile exception, Ineffective assistance, Probable cause | Comments Off on OH4: Once dog alerts, automobile exception arises, and vehicle can be moved for search