Daily Archives: March 29, 2023

E.D.Mich.: 13 day delay between trash pull and SW didn’t mean it was stale because case was actively investigated

A 13 day delay between a trash pull and a search warrant didn’t make the trash pull stale. There was an ongoing investigation throughout. United States v. Dobbs, 2023 U.S. Dist. LEXIS 52882 (E.D. Mich. Mar. 28, 2023). District court’s … Continue reading

Posted in Consent, Staleness | Comments Off on E.D.Mich.: 13 day delay between trash pull and SW didn’t mean it was stale because case was actively investigated

CA11: Change in strategy doesn’t excuse untimely motion to suppress

With second counsel, defendant filed a second motion to suppress apparently based on new strategy about how to approach one. The different strategy is not “good cause” based on newly discovered facts. United States v. Vazquez, 2023 U.S. App. LEXIS … Continue reading

Posted in Airport searches, Nexus, Reasonable suspicion, Waiver | Comments Off on CA11: Change in strategy doesn’t excuse untimely motion to suppress

S.D.N.Y.: The exclusionary rule doesn’t apply in § 1983 cases

The exclusionary rule doesn’t apply in § 1983 cases. Villafane v. City of N.Y., 2023 U.S. Dist. LEXIS 52149 (S.D.N.Y. Mar. 27, 2023). There was probable cause for the search warrant for defendant’s DNA. United States v. Burkhalter, 2023 U.S. … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, DNA, Exclusionary rule, Issue preclusion | Comments Off on S.D.N.Y.: The exclusionary rule doesn’t apply in § 1983 cases

MA: Horizontal collective knowledge requires officers communicate with each other

Horizontal collective knowledge in Massachusetts requires the officers communicate with each other and share information. Commonwealth v. Privette, 2023 Mass. LEXIS 86 (Mar. 28, 2023):

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