Daily Archives: September 16, 2023

WV: Break in the chain of custody of DNA evidence taken after seizure is not a 4A violation

An after seizure alleged break in the chain of custody of DNA evidence taken is not a Fourth Amendment violation. Timothy C. v. Straughn, 2023 W. Va. LEXIS 339 (Sep. 15, 2023). Defendant’s LPN wasn’t visible until after the stop, … Continue reading

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WV: When asked for consent to search his house, def said ‘F*** it. Come on.’ That was consent.

“After some discussion of his choice to voluntarily agree to a search or wait until a search warrant was obtained, petitioner left the trooper’s vehicle, saying words to the effect of ‘F*** it. Come on.’ He walked toward his house … Continue reading

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IL: No RS for stop of van allegedly involved in a robbery; officer had no details

“The trial court decided the facts were sufficient to justify a Terry stop. After taking account of the totality of the circumstances, we reverse the denial of Maxfield’s motion to quash arrest and suppress the identification and other evidence obtained, … Continue reading

Posted in Informant hearsay, Nexus, Reasonable suspicion | Comments Off on IL: No RS for stop of van allegedly involved in a robbery; officer had no details

E.D.Cal.: No 4A right to be detained and interrogated in a certain way

There is no Fourth Amendment right to be detained and interrogated in a certain way more to one’s liking. Hendrix v. City of Madera, 2023 U.S. Dist. LEXIS 163446 (E.D. Cal. Sep. 14, 2023)*:

Posted in Custody | Comments Off on E.D.Cal.: No 4A right to be detained and interrogated in a certain way

W.D.Tex.: Right to non-recording and distribution of jail calls to attorneys was clearly established

Plaintiff’s complaint against the jail for recording attorney-client calls and transmitting them to law enforcement and prosecutors stated a claim for relief that was clearly established. Hurdsman v. Gleason, 2023 U.S. Dist. LEXIS 163081 (W.D. Tex. Sep. 14, 2023). Defendant’s … Continue reading

Posted in Ineffective assistance, Privileges, Probation / Parole search, Qualified immunity | Comments Off on W.D.Tex.: Right to non-recording and distribution of jail calls to attorneys was clearly established

M.D.Fla.: Ptf can’t block documentary about his case

Plaintiff seeks to block airing of a documentary about his case because it would interfere with his collateral attack. Denied. Takhvar v. Warner Bros. Discovery Inc., 2023 U.S. Dist. LEXIS 163006 (M.D. Fla. Aug. 17, 2023)*:

Posted in Exclusionary rule | Comments Off on M.D.Fla.: Ptf can’t block documentary about his case

E.D.Va.: Unreasonableness of pulling firearm during stop not causally connected to finding of drugs

The officer’s alleged excessive force in allegedly unnecessarily pulling his service weapon during defendant’s stop is not causally connected to the finding of the drugs (see Hudson), so the exclusionary rule does not apply. United States v. Coe, 2023 U.S. … Continue reading

Posted in Attenuation, Excessive force | Comments Off on E.D.Va.: Unreasonableness of pulling firearm during stop not causally connected to finding of drugs