CA5: An intimidating police presence is not a seizure

An intimidating police presence is not a seizure. Tyson v. Cty. of Sabine, 2022 U.S. App. LEXIS 20902 (5th Cir. July 28, 2022).

Defense counsel can’t be ineffective for not taking depositions in his criminal case to develop his search and seizure issue. Moreover, after the suppression hearing on defendant’s cell phone, the government decided not to use the product of that search. Therefore, no prejudice because the issue is moot. United States v. McBride, 2022 U.S. Dist. LEXIS 133833 (E.D. Va. July 27, 2022).*

Defendant doesn’t get return of his smartphone until the government decides whether it is trial evidence or not. United States v. Dygert, 2022 U.S. Dist. LEXIS 133843 (W.D.N.Y. July 11, 2022).

“Whether Deputy Murray received the information from an anonymous source or a confidential source is immaterial.” This is not a Franks issue. United States v. Lester, 2022 U.S. Dist. LEXIS 134197 (W.D. Tenn. July 28, 2022).*

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