\u201cSkyfield’s stalking horse theory \u2018that the NYPD was the real law enforcement animator\u2019 behind the Probation Office’s actions is therefore inconsistent with binding Second Circuit precedent. United States v. Chandler, 56 F.4th 27, 43 (2d Cir. 2022), cert. denied, 143 S. Ct. 1791, 215 L. Ed. 2d 676 (2023). Because the \u2018stalking horse theory is not a valid basis for the suppression of evidence in this Circuit,\u2019 United States v. Chandler, 164 F. Supp. 3d 368, 381 (E.D.N.Y. 2016), the Court denies the motion to suppress evidence based on that theory.\u201d United States v. Skyfield, 2023 U.S. Dist. LEXIS 228513 (S.D.N.Y. Dec. 22, 2023). The court notes the Ninth Circuit is to the contrary; SCOTUS has never considered it.<\/p>\n\n\n\n
This encounter started as purely consensual and ended up being with reasonable suspicion, and it was reasonable. State v. Adams, 2023-Ohio-4691, 2023 Ohio App. LEXIS 4502 (5th Dist. Dec. 21, 2023).*<\/p>\n\n\n\n
The showing of nexus in the affidavit is minimal [but not completely unfounded], so it\u2019s enough for the good faith exception to apply. United States v. Blue, 2023 U.S. Dist. LEXIS 228764 (E.D. Va. Dec. 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cSkyfield’s stalking horse theory \u2018that the NYPD was the real law enforcement animator\u2019 behind the Probation Office’s actions is therefore inconsistent with binding Second Circuit precedent. United States v. Chandler, 56 F.4th 27, 43 (2d Cir. 2022), cert. denied, 143 … Continue reading