Daily Archives: July 6, 2024

S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

Plaintiff said she was an overnight guest at the house searched and thus had standing, except that was never proved. “None of those facts are present here, as there is no record evidence showing that James had personal belongings in … Continue reading

Posted in Burden of proof, Exclusionary rule, Knock and announce, Reasonable suspicion, Standing | Comments Off on S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

Plaintiff’s complaint against DHS that agents fabricated probable cause to have him prosecuted is a new form of claim Bivens will not recognize. Sheikh v. U.S. Dep’t of Homeland Sec., 2024 U.S. App. LEXIS 16441 (9th Cir. July 5, 2024). … Continue reading

Posted in § 1983 / Bivens, Computer and cloud searches, Informant hearsay, Standing | Comments Off on CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

CA5: The fact the officer was in an interstate highway drug interdiction team was unavailing because there was a lawful basis for the stop

“Rocha Nevarez’s argument that the stop was unlawful from the start because the trooper was part of a roving drug interdiction team is unavailing. The state trooper witnessed Rocha Nevarez drift over the fog line on eastbound Interstate 20 on … Continue reading

Posted in Inevitable discovery, Nexus, Plain view, feel, smell, Reasonable suspicion | Comments Off on CA5: The fact the officer was in an interstate highway drug interdiction team was unavailing because there was a lawful basis for the stop

NY4: Cell phone SW suppressed for no showing of PC or particularity

“Here, the search warrant authorized and directed the police to search for, inter alia, ‘cellular phones (including contents)’ located in defendant’s vehicle. Significantly, the search was not restricted by reference to any particular crime. Thus, the search warrant failed to … Continue reading

Posted in Cell phones, Particularity, Probable cause | Comments Off on NY4: Cell phone SW suppressed for no showing of PC or particularity

DE: Def counsel’s failure to challenge PC and particularity in cell phone search warrants post-conviction relief

Defendant sufficiently stated grounds for ineffective assistance of counsel from defense counsel’s failure to challenge the search warrant for lack of probable cause and particularity. “Postconviction relief due to ineffectiveness of counsel must be granted in circumstances where the Court … Continue reading

Posted in Cell phones, Custody, Ineffective assistance, Particularity, Suppression hearings | Comments Off on DE: Def counsel’s failure to challenge PC and particularity in cell phone search warrants post-conviction relief