Failure to conduct a preliminary hearing to establish probable cause is mooted by defendant\u2019s conviction after trial. People v. Chambliss, 2026 IL 130585, 2025 Ill. LEXIS 7 (Jan. 23, 2026).<\/p>\n\n\n\n
\u201cLucas claims that Rubenstahl violated her Fourth Amendment right to be free from excessive force during an arrest or investigatory stop. \u2026 But we need not decide whether a constitutional violation occurred because Lucas has not shown that her arrest violated clearly established law. In other words, Lucas has not shown that she had a clearly established right to be free from arm-pulling, a takedown, or a knee-to-the-back during the particular circumstances of her arrest.\u201d Lucas v. City of Reynoldsburg, 2026 U.S. App. LEXIS 1837 (6th Cir. Jan. 23, 2026).*<\/p>\n\n\n\n
Defendant\u2019s Franks challenge fails because of a lack of a substantial preliminary showing. And, even if he could satisfy that, he can\u2019t show materiality. United States v. Luxon, No. 25-20742, 2026 U.S. Dist. LEXIS 13118 (E.D. Mich. Jan. 23, 2026).*<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
Failure to conduct a preliminary hearing to establish probable cause is mooted by defendant\u2019s conviction after trial. People v. Chambliss, 2026 IL 130585, 2025 Ill. LEXIS 7 (Jan. 23, 2026). \u201cLucas claims that Rubenstahl violated her Fourth Amendment right to … Continue reading