Daily Archives: May 25, 2023

Techdirt: Judge Tosses Evidence After Government Took More Than Three Years To Crack A Suspect’s Phone

Techdirt: Judge Tosses Evidence After Government Took More Than Three Years To Crack A Suspect’s Phone by Tim Cushing (“A robbery/kidnapping case allegedly implicating business owner and immigrant Evgeni Kopankov has resulted in the government losing the evidence it took … Continue reading

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CA6: Misstatements in arrest warrant affidavit didn’t prejudice ptr or prevent state trial

In this 2254, without citing Stone v. Powell, the court holds on the merits of the Fourth Amendment claim that misstatements in the arrest warrant affidavit did not prejudice the petitioner because it would not have prevented the trial. Harris … Continue reading

Posted in Seizure, Standing | Comments Off on CA6: Misstatements in arrest warrant affidavit didn’t prejudice ptr or prevent state trial

CA6: Officer firing gun at a person he or she doesn’t know fired one, too, is excessive

Officers fired at plaintiff without knowing whether he was the one who fired a gun at them. The sound of racking a bullet into a gun’s chamber in the abstract was not enough. LeFtwich v. Driscoll, 2023 U.S. App. LEXIS … Continue reading

Posted in Collective knowledge, Prison and jail searches, Reasonable suspicion | Comments Off on CA6: Officer firing gun at a person he or she doesn’t know fired one, too, is excessive

W.D.Pa.: Lack of a proper chain of custody is not a ground for a motion to suppress

Alleged lack of a proper chain of custody is not a ground for a motion to suppress. United States v. Pollard, 2023 U.S. Dist. LEXIS 88536 (W.D. Pa. May 19, 2023). Defendant’s Fourth Amendment issues on appeal are not the … Continue reading

Posted in Admissibility of evidence, Consent, Motion to suppress, Waiver | Comments Off on W.D.Pa.: Lack of a proper chain of custody is not a ground for a motion to suppress

OH3: Invalid admin SW was saved by GFE

An administrative search warrant issued under the state criminal procedure law was invalid because of limits on who could request and serve a warrant (i.e., law enforcement officers and prosecutors). However, the good faith exception applies to administrative warrants, too. … Continue reading

Posted in Administrative search, Cell phones, Good faith exception, Warrant execution | Comments Off on OH3: Invalid admin SW was saved by GFE