LA: Def’s lie about living in place to be searched helped GFE to apply to overcome staleness

The trial court and court of appeals both erred in finding that the affidavit for search warrant was “so lacking” in probable cause that the good faith exception should not apply. “The affidavit accompanying the search warrant application explained the history of the investigation, including the fact that, eight months prior, defendant had informed officers that he lived at the Jasper Street residence, and that an arrest warrant had issued at that time for defendant in conjunction with items found in his bedroom. A fair reading of the search warrant implies an ongoing and continuing drug operation being run out of the Jasper Street residence and a connection between defendant and the residence.” Apparently defendant’s lie about ever having lived at the residence was enough. State v. James, 2023 La. LEXIS 2262 (Dec. 5, 2023), rev’g State v. James, 2023 La. App. LEXIS 917 (La. App. 5 Cir June 1, 2023) (unpublished) (Probable cause requires some current nexus to the place to be searched; the affidavit detailed events up through November 2021 but the search was July 7, 2022; was there enough on that day? This court says no.)

Once probable cause develops to search a vehicle, that can include the engine compartment. Defense counsel wasn’t ineffective for not challenging it. United States v. Maurstad, 2023 U.S. Dist. LEXIS 215714 (D. Minn. Dec. 5, 2023).*

Plaintiff was shot “[d]uring a tense police encounter.” The bodycam video shows he had his hands up just before being shot. Qualified immunity was denied, and it’s affirmed. There’s a jury question here. Lopez v. City of Riverside, 2023 U.S. App. LEXIS 32066 (9th Cir. Dec. 5, 2023).*