Daily Archives: June 8, 2024

CA11: Excessive force claim against HSI barred by Bivens/Egbert

Federal regulations permit FTCA actions for excessive force claims, so Bivens/Egbert bar this claim. Wimberly v. Selent, 2024 U.S. App. LEXIS 13557 (11th Cir. June 5, 2024). Defendant provided nothing to show he had a reasonable expectation of privacy in … Continue reading

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N.D.Ala.: Def insisted on counsel raising arguments that were “wholly and unequivocally lack[ing] merit”

Just because the client insists on defense counsel making a frivolous Fourth Amendment argument doesn’t mean counsel should raise it. “Counsel for Temple suggested during the suppression hearing that the first four arguments are ‘north of frivolous’ but acknowledged the … Continue reading

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W.D.Ark.: 4A § 1983 case stayed under Younger for ptf to litigate in state court

“Here, Plaintiff seeks compensatory and punitive damages for his improper search, seizure, and entrapment claims. Plaintiff has not alleged he is prevented from bringing his ‘entrapment,” search and seizure claims in state court. Accordingly, it is appropriate, pursuant to the … Continue reading

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E.D.Pa.: “Furtive movements can support reasonable suspicion that an individual is armed, justifying a frisk.”

“Furtive movements can support reasonable suspicion that an individual is armed, justifying a frisk. Moorefield, 111 F.3d at 14. An officer ‘need not be absolutely certain’ that movements are an attempt to ‘hide narcotics or a firearm’ for ‘the issue … Continue reading

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CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

USMS Fugitive Task Force shot and killed a person they were arresting. Under Egbert, there’s no Bivens claim here. Robinson v. Sauls, 2024 U.S. App. LEXIS 13432 (11th Cir. June 4, 2024) (another death knell for Bivens). Defendant abandoned his … Continue reading

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NY1: Evidence of failing to open door when police are there with a SW doesn’t violate 4A

“Defendant did not preserve his claim that the admission of evidence that he did not open the door when the police knocked to show his consciousness of guilt violating his Fourth Amendment rights and his right to a fair trial … Continue reading

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CA8: SW including “electronic files” meant computer could be searched

A search warrant that included “electronic files” meant that a computer could be searched. United States v. Lukassen, 2024 U.S. App. LEXIS 13392 (8th Cir. June 4, 2024). Defendant didn’t show standing in the car he was driving, and it … Continue reading

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W.D.Pa.: File your motion to suppress, and the court will hear a Brady then

What defendant knows about his search, since it happened to him, is enough to file a motion to suppress. His discovery request beyond what he already knows about the search should wait for him to file a motion to suppress. … Continue reading

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