Parole search incident conducted before actual arrest was valid. United States v. Evans, 2006 U.S. Dist. LEXIS 89684 (S.D. Ga. December 12, 2006).<\/p>\n
Federal DNA upheld again [no surprise there; no court has disagreed], against a laundry list of challenges, including Bill of Attainder. United States v. Hook, 2006 U.S. App. LEXIS 30526 (7th Cir. December 13, 2006).*<\/p>\n
Officer responding to an explosion call at a trailer park stopped a motorcycle for running a stop sign. It turned out that the driver was connected to the trailer with the explosion. The officer conducted a “sweep search” of the trailer and saw drugs and paraphernalia in plain view. A pipe bomb was also seen. He used that to obtain a search warrant for drugs, paraphernalia associated with manufacture and trafficking, and “weapons, firearms and ammunition.” The warrant was sufficiently specific to include the pipe bomb, and the affidavit made no mention of seeing the pipe bomb, so the magistrate was not misled and there was no taint from the prior invalid search, even assuming the pipe bomb was not validly seen. United States v. Jansen, 470 F.3d 762 (8th Cir. December 13, 2006).*<\/p>\n
Officer granted summary judgment on excessive force claim for accidentally breaking plaintiff’s malformed leg, a condition the officer was unaware of, when pushing him into the backseat of the patrol car. Todhunter v. Swan, 2006 U.S. Dist. LEXIS 90084 (E.D. Mich. November 29, 2006).*<\/p>\n
Affidavit for search warrant showed probable cause for search of various places. Defendant\u2019s staleness argument is also unavailing. While there was information that was a month old, it involved ongoing sales of drugs from the premises, and the informant\u2019s corroborated information was recent. United States v. Bucks, 2006 U.S. Dist. LEXIS 89850 (D. Minn. November 28, 2006). (Note:<\/em> This is a U.S.M.J.’s R&R, and it is a model for any principled evaluation of probable cause in multiple locations. It is especially gratifying that the M.J. did not feel it necessary to provide a discussion of good faith exception as well.)<\/p>\n On July 7th, I said<\/a> that the number of U.S. District Court cases on Lexis would hit 90,000 this year. It reached that number today. 2005’s total was 45,000; 2004’s was 24,000. The increase in numbers means it takes longer to do this blog everyday.<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading