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11 Sep 2009, 8:11 am
Ct. 1160, a police officer who performs an automobile search subsequent to arrest in reasonable reliance upon the settled case law of the United States Court of Appeals, even though the search is later invalidated by a Supreme Court decision, has not engaged in misconduct. [read post]
3 Sep 2011, 11:19 am
There is no telling whether such appeals would have stood against the tide, but one man’s words did make a difference in the emergency command center at FBI headquarters on Pennsylvania Avenue several hours after the attacks. [read post]
19 Mar 2012, 3:21 am
CPL 240.40 [2]), the Court of Appeals has held that a court may issue an order to obtain a blood sample from a suspect so long as the People establish: "(1) probable cause to believe the suspect has committed the crime, (2) a clear indication' that relevant material evidence will be found, and (3) the method used to secure it is safe and reliable. [read post]
28 Mar 2010, 7:00 am
They observed defendant engage in an apparent hand-to-hand buy, and that justified an arrest and search incident. the court of appeals erred in suppressing the search. [read post]
CA5: Defendant did not waive suppression issue where he did not have all the facts on it until trial
10 Apr 2009, 5:11 am
April 6, 2009): For two reasons, Hines has not waived the issue for appeal. [read post]
16 Oct 2010, 6:27 am
To the extent that the defendant's ineffective assistance of counsel claim is premised upon matter dehors the record, we are unable to review such a claim on direct appeal. ... [read post]
31 Oct 2011, 3:21 am
Contrary to Owens’s argument on appeal, the Davis decision established a blanket rule that the good-faith exception applies to searches performed in reasonable reliance on then-binding appellate precedent. [read post]
13 Jan 2007, 1:22 pm
Under the clearly erroneous standard of review, a police officer's testimony that a taillight was broken and that was justification for a stop did not have to be corroborated by photographs to be sustained on appeal. [read post]
28 Jul 2007, 2:28 pm
Court of appeals order suppressing the search reversed. [read post]
24 Jun 2011, 4:25 am
The First Circuit Court of Appeals has repeatedly affirmed that view: law enforcement officials are not required to give arrestees the opportunity to make arrangements for their vehicles when deciding whether impoundment is appropriate ... [read post]
5 Feb 2011, 5:19 am
That contention appears for the first time on appeal, and we thus consider it waived. . . . [read post]
5 Oct 2010, 2:06 am
In 1989, the state court of appeals held in an unpublished opinion (not in S.W.2d, that is) that failure to immediately serve a search warrant on an incarcerated suspect was not fatal to the search, and that case is followed. [read post]
3 Feb 2012, 4:36 am
We reverse and vacate the convictions and sanctions for its violation in both appeals. [read post]
5 Mar 2010, 3:59 am
The court of appeals faults the record for not showing whether he had a subjective expectation of privacy [, but that does not seem to be necessary on the facts in the opinion because there was none]. [read post]
7 Mar 2012, 5:39 am
If the district court had found consent involuntary, likely that would have been affirmed on appeal, given the standard of review. [read post]
24 Aug 2012, 4:46 am
.* The 2255 hearing established that defendant knew pleading guilty was a waiver of appeal of the suppression issue, and he can’t show that he was harmed by it. [read post]
19 Aug 2012, 6:16 am
.* In a federal DP case, defense counsel’s alleged failures on a motion to suppress which included challenging the search warrant under the state nighttime search law [not a Fourth Amendment issue] were not ineffective assistance and those issues were tried in the original proceeding and already appealed. [read post]
20 Dec 2010, 3:57 am
Our special concern on this appeal will be with the precise justification required to expand a routine search incident into what may be characterized as a "strip search. [read post]
24 Mar 2011, 9:01 am
Defense counsel was not ineffective for not preserving defendant’s suppression issue for appeal because it was completely unmeritorious for any possible standing in the place searched and where was just a causal visitor and he denied ownership of anything seized. [read post]
24 Mar 2010, 5:22 am
LEXIS 506 (July 1, 2009): Having considered our 2001 holding in Ross and the developments in the federal courts of appeal since the Sixth Circuit decision in Carriger, we reject any bright-line rule and maintain our view that the totality of the circumstances test is best-suited for determining the reasonableness of an expectation of privacy. [read post]
