{"id":58624,"date":"2024-08-14T11:13:38","date_gmt":"2024-08-14T16:13:38","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58624"},"modified":"2024-08-14T11:13:38","modified_gmt":"2024-08-14T16:13:38","slug":"ks-ptfs-criminal-case-reversed-and-dismissed-for-a-4a-violation-was-not-factually-innocent-for-wrongful-conviction-compensation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58624","title":{"rendered":"KS: Ptf&#8217;s criminal case reversed and dismissed for a 4A violation was not factually innocent for wrongful conviction compensation"},"content":{"rendered":"\n<p>Plaintiff had his conviction reversed for an illegal search. On remand, the prosecutor dismissed. He sought compensation for his unlawful conviction. He gets no relief. State law only provides for compensation for the factually innocent, and that\u2019s not this. <a href=\"https:\/\/kscourts.gov\/KSCourts\/media\/KsCourts\/Opinions\/125740.pdf?ext=.pdf\">In the Matter of the Wrongful Conviction of Doelz<\/a>, 2024 Kan. LEXIS 77 (Aug. 9, 2024).<\/p>\n\n\n\n<p>The post-conviction Fourth Amendment claim could have been raised on direct appeal and wasn\u2019t, so it is waived. Also, the search claim is not newly discovered. State v. Harris, 2024-Ohio-2993 (5th Dist. Aug. 6, 2024).*<\/p>\n\n\n\n<p>The government failed in its burden of proof on inevitable discovery that, but for its illegality, it would have searched defendant\u2019s cell phone under a warrant anyway. United States v. Landers, 2024 U.S. Dist. LEXIS 140732 (M.D. Fla. June 21, 2024),* adopted, 2024 U.S. Dist. LEXIS 140786 (M.D. Fla. July 10, 2024).*<\/p>\n\n\n\n<p>A generalized objection to the R&amp;R application of the good faith exception doesn\u2019t cut it. United States v. Hall, 2024 U.S. Dist. LEXIS 141045 (E.D. Ky. Aug. 8, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff had his conviction reversed for an illegal search. On remand, the prosecutor dismissed. He sought compensation for his unlawful conviction. He gets no relief. State law only provides for compensation for the factually innocent, and that\u2019s not this. In &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58624\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,11,68,129],"tags":[],"class_list":["post-58624","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-good-faith-exception","category-inevitable-discovery","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58624","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58624"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58624\/revisions"}],"predecessor-version":[{"id":58625,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58624\/revisions\/58625"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58624"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58624"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58624"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}