Daily Archives: June 20, 2024

SCOTUS: ““The presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge.”

“The presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge. The parties, and the United States as amicus curiae, all agree with this conclusion, … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest | Comments Off on SCOTUS: ““The presence of probable cause for one charge in a criminal proceeding does not categorically defeat a Fourth Amendment malicious-prosecution claim relating to another, baseless charge.”

D.Utah: An A-C communication seized that was still in the hands of the taint team was not a 4A or 6A violation

An attorney-client letter was obtained by search warrant and it was isolated by the taint team. Because no case was pending at the time, the Sixth Amendment was not violated, and the dismissal or disqualification is an necessary remedy. United … Continue reading

Posted in Arrest or entry on arrest, Consent, Privileges, Qualified immunity | Comments Off on D.Utah: An A-C communication seized that was still in the hands of the taint team was not a 4A or 6A violation

D.P.R.: PR nighttime search rules irrelevant in federal court

Puerto Rico cases on nighttime search aren’t relevant in federal court. United States v. Pastrana-Román, 2023 U.S. Dist. LEXIS 238527 (D.P.R. March 9, 2023),* adopted, 2024 U.S. Dist. LEXIS 106442 (D.P.R. May 17, 2024).* Defendant didn’t show good cause for … Continue reading

Posted in Nighttime search, Reasonable suspicion, Reasonableness, Waiver | Comments Off on D.P.R.: PR nighttime search rules irrelevant in federal court