CA11: Austrian SW executed in Austria couldn’t be questioned here under “act of state” doctrine

Plaintiff, apparently while in the United States, had his property in Austria searched by Austrian authorities with an Austrian search warrant. [Aside from what jurisdiction is there here?,] The “act of state” doctrine prohibits a U.S. court from questioning the acts of another country enforcing their own law. Dvoinik v. Philipp, 2024 U.S. App. LEXIS 583 (11th Cir. Jan. 9, 2024).

Defendant was stopped for 15 over. The officer saw a liquor bottle at the driver’s feet and marijuana shake in his lap. The driver admitted drinking in the car. That was probable cause for the search. State v. Anderson, 2024-Ohio-37, 2024 Ohio App. LEXIS 50 (9th Dist. Jan. 8, 2024).*

The omissions from the affidavit for warrant are not material to the probable cause determination. United States v. Dua, 511, 2024 U.S. Dist. LEXIS 2676 (N.D. Ill. Jan. 5, 2024).*

This entry was posted in Franks doctrine, Issue preclusion, Plain view, feel, smell. Bookmark the permalink.

Comments are closed.