\u201c[T]he Court agrees with Moore that papers listing the 3151 Gobel address that were taken from the 3100 Vienna Woods address fall outside the scope of the search warrant’s plain language. \u2026 But that does not end the inquiry as Moore believes. That is because \u2018[d]uring a search, \u201cevidence not described in a search warrant may be seized if it is reasonably related to the offense which formed the basis for the search warrant.\u201d\u2019\u201d And this stuff was. United States v. Moore, 2024 U.S. Dist. LEXIS 181005 (S.D. Ohio Oct. 3, 2024).<\/p>\n\n\n\n
In a fatal shooting case, qualified immunity for the initial entry was properly denied because there\u2019s a fact question whether it violated the Fourth Amendment. Hicks v. Scott, 2024 U.S. App. LEXIS 25063 (6th Cir. Oct. 1, 2024).*<\/p>\n\n\n\n
\u201cGiven the totality of circumstances, an objectively reasonable police officer would conclude Mr. Reyes was committing a crime. Thus, there was probable cause to arrest Mr. Reyes. \u2026 From these facts, \u2018a prudent person would have concluded that there was a fair probability that [Mr. Reyes] had committed a crime.\u2019\u201d United States v. Reyes, 2024 U.S. Dist. LEXIS 181282 (N.D. Cal. Oct. 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201c[T]he Court agrees with Moore that papers listing the 3151 Gobel address that were taken from the 3100 Vienna Woods address fall outside the scope of the search warrant’s plain language. \u2026 But that does not end the inquiry as … Continue reading