Daily Archives: October 27, 2024

E.D.Va.: Reporting requirements of Corporate Transparency Act don’t violate 4A under California Bankers

Plaintiffs challenge the Corporate Transparency Act on several grounds. As to their claim the reporting requirement violates the Fourth Amendment, there is no likelihood of success on the merits under California Bankers decided 50 years ago. Community Ass’ns Inst. v. … Continue reading

Posted in Issue preclusion, Reasonable expectation of privacy, Reasonable suspicion, Third Party Doctrine | Comments Off on E.D.Va.: Reporting requirements of Corporate Transparency Act don’t violate 4A under California Bankers

OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

Exclusion is not the remedy for a knock-and-announce violation, following Hudson under state constitution, too. State v. Velasquez, 2024 OK CR 29, 2024 Okla. Crim. App. LEXIS 28 (Oct. 24, 2024). Officers had a warrant for defendant’s arrest, and when … Continue reading

Posted in Automobile exception, Knock and announce, Probable cause, Reasonable suspicion, State constitution | Comments Off on OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

CA6: Shooting at officers executing SW justified 6 level USSG increase

Shooting at SWAT officers executing a warrant justified a 6 level Sentencing Guideline enhancement. United States v. Weaver, 2024 U.S. App. LEXIS 27036 (6th Cir. Oct. 24, 2024). The affidavit for warrant describing two CI’s buys from defendant at his … Continue reading

Posted in Good faith exception, Nexus, Probable cause, Standing, Warrant execution | Comments Off on CA6: Shooting at officers executing SW justified 6 level USSG increase