Nebraska holds that the State Court of Appeals cannot raise the good faith exception where the state did not do it on its own. “While a defendant has the burden of showing that there was not probable cause to support the issuance of a search warrant, the State has the burden to show that the good faith exception applies.” State v. Tompkins, 272 Neb. 547, 723 N.W.2d 344 (November 9, 2006).<\/p>\n
Kansas holds that a forfeiture claimant who prevailed in a criminal suppression motion and suppressed the search of his vehicle, but the state dismissed the criminal case, was not able to invoke collateral estoppel or res judicata against a forfeiture action because there was no final judgment in the criminal case. State I-135\/I-70 Drug Task Force v. 1990 Lincoln Town Car, 145 P.3d 921 (Kan. App. November 9, 2006).<\/p>\n
Informant was corroborated by surveillance, including a large number of persons on cellphones who appeared to be lookouts. United States v. Thompson, 2006 U.S. Dist. LEXIS 82163 (E.D. Mich. October 31, 2006).*<\/p>\n
All brake lights are required to work, including the one in the rear window (state statute incorporates the federal regulation on third brake light). That equipment violation is enough for a stop. United States v. Brewer, 2006 U.S. Dist. LEXIS 81984 (D. Utah October 26, 2006).*<\/p>\n
Threats to others about shooting the police if they came to defendant’s house justified no knock. “McClendon testified that Johnson and Lebo stated that Medley had made threats about ‘killing the cops if they came out there, and that kind of thing, that they knew that he had guns out there, and to be careful.’ (Tr. 54).” United States v. Medley, 2006 U.S. Dist. LEXIS 81747 (E.D. Mo. November 8, 2006).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evGMco.b2evALnk.b2WPAutP.b2evSmil Continue reading