\u201cIn this appeal, we are asked to consider the narrow application of the automobile exception to the Fourth Amendment’s warrant requirement: whether officers may, in the course of a car search, search a container held roughly 25 feet away from the car. We hold that the automobile exception does not extend to containers removed from the car before officers develop probable cause to search the car.\u201d State v. Lewis, 2023-Ohio-3036, 2023 Ohio App. LEXIS 3014 (1st Dist. Aug. 30, 2023).<\/p>\n\n\n\n
Defendant was not stopped. The officer \u201casked Appellant to \u2018let me holler at you\u2019 and \u2018let me talk to you.\u2019 Based upon this record, we find the State’s evidence insufficient to establish Appellant committed the offense of evading arrest or detention\u201d when he refused to talk. In re O.I., 2023 Tex. App. LEXIS 6640 (Tex. App. \u2013 Amarillo Aug. 28, 2023).*<\/p>\n\n\n\n
Lawyer new to case wasn\u2019t new to district, and affidavit of standing is required in the Second Circuit for motions to suppress. Then, the Franks motion was denied for failure to show standing. United States v. Brooks, 2023 U.S. Dist. LEXIS 151621 (W.D.N.Y. Aug. 3, 2023),* adopted, 2023 U.S. Dist. LEXIS 150359 (W.D. N.Y. Aug. 25, 2023).*<\/p>\n\n\n\n
Plaintiff raised fact questions as to both qualified immunity prongs, so it\u2019s going back for trial. Larpenter v. Vera, 2023 U.S. App. LEXIS 22770 (5th Cir. Aug. 29, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cIn this appeal, we are asked to consider the narrow application of the automobile exception to the Fourth Amendment’s warrant requirement: whether officers may, in the course of a car search, search a container held roughly 25 feet away from … Continue reading