Mowatt, No. 06-4886 "Conviction for drug and weapons offenses is reversed and remanded where: 1) requiring defendant to open the door to his apartment constituted a warrantless search; 2) no exigent circumstances justified the officers' demand that defendant open his apartment door; and 3) the evidence seized pursuant to the search warrant that the officers eventually obtained was not admissible under the good-faith exception to the exclusionary rule. [read post]

Lafferty, No. 06-1901In a prosecution for offenses arising from a burglary, denial of defendant's motion to suppress statements she and an alleged confederate made during a custodial interrogation is reversed as: 1) police failed to scrupulously respect her demand to remain silent by putting her in an interrogation room with her alleged confederate after she had invoked her right to remain silent and after he promised to give a confession; 2) no valid and meaningful waiver of her rights… [read post]

Booker, 543 U.S. 220 (2005).We find no err in the district court's admission of evidence found on Garcia's person and in the vehicle in which he was riding, and conclude that the district court committed harmless error in admitting some of the evidence discovered during the search of his residence. [read post]

Magistrate Judge Garcia directed the RIAA to confer with the University of Mexico's lawyers to work out a plan for giving prior notice to the students named as "John Does". [read post]