CA8: SW issuing judge not “neutral and detached” just because he didn’t ask questions

A search warrant in Killeen, Texas was issued to look for evidence of a Hobbs Act murder in Lincoln, Nebraska. The affidavit combined information from Texas and Nebraska. There was potential confusion as to whose information was whose but it didn’t matter because that wasn’t material to the outcome nor was it recklessly false or misleading. There was probable cause on the totality. The fact the Texas judge didn’t question officers about the affidavit more didn’t show that he wasn’t neutral and detached, without more. United States v. Patterson, 2023 U.S. App. LEXIS 12592 (8th Cir. May 23, 2023).

Defendant was the passenger in a car that was stopped. He argues defense counsel was ineffective for not arguing his stop and frisk was unreasonable. When he got out of the car, he appeared intoxicated and was unresponsive to the officer request for an ID, and he wanted to walk to a nearby truck stop. Not letting him leave was reasonable. Therefore, no IAC. State v. Tamas, 2023-Ohio-1710 (11th Dist. May 22, 2023).*

Defendant’s wearing an empty holster when he was seen coming out of a motel room justified a protective sweep of the room. United States v. Valenzuela, 2023 U.S. App. LEXIS 12567 (5th Cir. May 22, 2023).*

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