Author: blueadmin

United States v. Thomas 4thCIR 8NOV2018

United States v. Thomas 4thCIR 8NOV2018

What happens if there are important facts that are known to a LEO but the LEO fails to supply those facts in a search warrant application?  That is the issue presented in this case. The defendant in this case was arrested for aggravated sexual battery of a minor.  When he was arrested, LEOs retrieved a …

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United States v. Evans 8thCIR 6NOV2018

United States v. Evans 8thCIR 6NOV2018

In this case, the defendant raised five issues on appeal, the first of which deals directly with the legal aspects of law enforcement.  The issue is: Did the warrant application sufficiently establish probable cause as required under the Fourth Amendment? The “warrant clause” to the Fourth Amendment states: “… no Warrants shall issue but upon …

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Strand v. Minchuk 7thCIR 8NOV2018

Strand v. Minchuk 7thCIR 8NOV2018

This is a civil case brought under 42 USC 1983 for excessive use of force.  This case demonstrates the significance of the limitations on obtaining qualified immunity on a motion for summary judgment. In this case, taking the facts as alleged by the plaintiff, an officer got in a verbal altercation with a trucker to …

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United States v. Brixen 7thCIR 7NOV2018

United States v. Brixen 7thCIR 7NOV2018

This case has an interesting intersection between Fourth Amendment search and seizure law and Fifth Amendment self-incrimination law. Officers had the defendant (Brixen) under investigation for attempting to use a Snapchat communication to lure an underage female to meet him.  Unbeknownst to Brixen, the 14-year old girl he was communicating with was a bearded detective …

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United States v. Correa 7thCIR 5NOV2018

United States v. Correa 7thCIR 5NOV2018

Every once in a while, we get one of those cases where a LEO is investigating criminal activity and ends up in possession of a set of keys.  Of course, the next step is to find out which door the key will open. Is that a search under the Fourth Amendment?  When the LEO has …

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Edwards v. Jolliff-Blake 7thCIR 1NOV2018

Edwards v. Jolliff-Blake 7thCIR 1NOV2018

Chicago PD obtained a search warrant based primarily on the information from a confidential informant. When they executed the search warrant for drugs in the home of Nelson Edwards … they found nothing.  Edwards then sued the officers in a 42 USC 1983 civil suit claiming his Fourth Amendment rights were violated by 1) obtaining …

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Wallen v. McMullen 9thCIR 30OCT2018

Wallen v. McMullen 9thCIR 30OCT2018

The plaintiff in this 42 U.S.C. § 1983 civil suit against a Washington state LEO alleged that the officer’s entry into her home without a warrant and under false pretenses violated her Fourth Amendment rights. The LEO had gained her cooperation and her consent to enter her home through the use of a ruse, claiming …

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United States v. Kienast 7thCIR 23OCT2018

United States v. Kienast 7thCIR 23OCT2018

This case is very similar to United States v. Henderson and was decided the same day.  In this case, the Seventh Circuit used the Good Faith Exception to the exclusionary rule to deny the suppression of evidence obtained as a result of an NIT Warrant. Like in Henderson, the court rejected the defendant’s contention that …

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United States v. Henderson 9thCIR 23OCT2018

United States v. Henderson 9thCIR 23OCT2018

The defendant in this case sought to exclude evidence obtained pursuant to a Network Investigative Technique (NIT) warrant arguing the magistrate improperly authorized a search outside of the magistrate’s territorial jurisdiction. The court held that the good faith exception to the exclusionary rule applied to bar suppression of the evidence obtained against the defendant pursuant …

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United States v. DeLaTorre 8thCIR 22OCT2018

United States v. DeLaTorre 8thCIR 22OCT2018

This case has a lot of moving parts and there are a number of legal issues raised on appeal, but one issue is whether the facts as asserted in the warrant affidavit establish the necessary probable cause.  Citing Illinois v. Gates, 462 U.S. 213 (1983), the Eighth Circuit held that the affidavit sufficiently established probable …

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