Daily Archives: November 2, 2023

GA: SW for things that were not controlled substances entitles target to return of the property

The search warrant here was for delta-8,9,10-THC but 8 and 10 are not controlled substances. Lacking probable cause for them, the search target is entitled to return of its property. Elements Distribution v. State, 2023 Ga. App. LEXIS 535 (Nov. … Continue reading

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D.Alaska: Admin. inspections of intrastate goldmines are legal under Mine Safety and Health Act

The Mine Safety and Health Administration sought an inspection of the respondent goldmine based on safety complaints it had received. The Fourth Amendment does not require an administrative warrant for an inspection. “Regulatory inspections pursuant to the Mine Act are … Continue reading

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M.D.Fla.: “[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.”

“[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.” Santiago v. Swain, 2023 U.S. Dist. LEXIS 194607 (M.D. Fla. Oct. 31, 2023).* Plaintiff’s civil Franks claim fails because there was probable cause … Continue reading

Posted in Arrest or entry on arrest, Collective knowledge, Franks doctrine, Waiver | Comments Off on M.D.Fla.: “[T]here is no constitutional right to be free from arrest on the basis of illegally obtained evidence.”

NE: Reliability of Google Translate app for use to get consent to search not preserved below

Consent to search granted by a non-English speaking suspect via Google Translate app was not properly preserved for appeal as to the accuracy of the translation. “While Hernandez’ counsel objected to the admission of the evidence obtained from the search … Continue reading

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NM: Too vague a description wasn’t RS for this stop, one mile from crime scene, 37-40 minutes later, vague description of car

“We view the totality of the circumstances at the time Deputy Ruiz seized Defendant through the lens of the district court’s factual finding that the suspect did not hide, as our standard of review requires. Based on the passage of … Continue reading

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D.Minn.: There is no duty under Brady for officers executing a SW to seize exculpatory evidence, too

The government executed a search warrant for emails on defendant’s computer. The searching officers have no duty to seize exculpatory information when they execute the warrant. “All Brady requires is that if the prosecution seized those emails, it turn over … Continue reading

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