Articles Tagged with “Fourth Amendment”

Published on:

Who doesn’t love a good Franks hearing? Apparently the district court judge in the Seventh Circuit case of United States v. McMurtrey.

It’s a relatively quiet week in the federal circuit’s for defense victories. A Fourth Amendment win in the Tenth Circuit, a few sentencing remands, and, most exciting (for me) a Franks hearing remand in the Seventh.

To the victories!

Published on:

I strongly suspect that many of our nation’s circuit court judges worked over the Thanksgiving break, because they’re back with nine wins for folks accused of crimes in our nation’s federal appellate courts.

It’s a potpourri of cases – multiplicity in the sale of Bald Eagle Parts, an innocent spouse issue in a restitution award, the reduction of a fine in an Ernst & Young tax shelter fraud case, and a few Fourth Amendment cases.

Heck, there’s even a case on a Rule 41 motion. When’s the last time you saw a federal appeals court issue a published opinion on a motion for the return of property?

Published on:

The D.C. Circuit, normally an infrequent presence on this blog, has two cases in one week!

One involves Osama bin Laden’s driver and his happy adventures with retroactivity. The was a remand for a judge who thought that a below guidelines sentence is only appropriate when there are “compelling reasons” to go below the guidelines range.

There’s also go action in a Sixth Circuit meth case involving the Fourth Amendment, and a crime of violence case out of the Tenth Circuit.

Published on:

No one likes a liar.

Well, almost no one. Chief Judge Kozinski seems to like liars, at least some of the time.

But, generally, lying leaves a bad taste in our societal mouth. This is true even when the police do the lying.

Published on:

Last year came to be known as the year that the Fourth Amendment rose again in Richmond, Virginia.

The Fourth Circuit held that police conduct violated the Fourth Amendment here, here, here, here, and here.

Last week, the Fourth Circuit did it again.

Published on:

It must be hard for the police to be hot on a chase, then have to slow down to get a warrant.

But, even though the police are excited from being on the trail of a suspected drug mule, the Eighth Circuit held, in United States v. Ramirez, that just because the police are hurrying to get their man, they still have to get a warrant to search his room.

1144233_vacancy.jpgThe Great Omaha Goose Chase

Published on:

I’ve long thought the punishment for failing to turn off your high beams when you drive past another car at night should be much more draconian. Part of me is encouraged to see that the police of Massillon, Ohio apparently agree.

Excessive Use of High Beams

Two men were driving in Massillon, Ohio after midnight on the Fourth of July. The driver declined to dim his high beams as he drove past a car coming toward him. As it happened, the other car was a police car.

Published on:

It’s now almost unremarkable that the Fourth Circuit had a defense-friendly published opinion. Yet, on that fact, I will now remark, since the Fourth Circuit recently decided United States v. Gaines.

Driving in Baltimore

Travis Gaines was sitting in the back of a white Crown Victoria, traveling down the streets of Baltimore City. The Crown Vic drove past a police car, with three cops inside.

Published on:

Perhaps January 24, 2009 was a normal day for Joseph Edwards. He woke, tied some crack cocaine around his penis, threatened his ex-girlfriend with a gun, and went out into the Baltimore night.

His ex-girlfriend, however, had complained to the police about his threat. The police began to prepare an arrest warrant and went into the streets to look for Mr. Edwards. Around 11 p.m., the officers found him.

1142077_knife_2.jpgThe police officers asked Mr. Edwards to approach them. He did, calmly. He “looked like he was just walking down the street” according to the officers. He didn’t act like a man with a gun – he wasn’t fussing with his waistline. He also didn’t look like he was involved in drug dealing; the officers didn’t see him doing any hand-to-hand transactions before they called out to him.

Published on:

The Fourth Circuit continues in its celebration of the Fourth Amendment. In the past few months, the Fourth Circuit has been kind to criminal defendants who have been searched by law enforcement without a warrant.

As the Fourth Circuit itself noted in yesterday’s case of United States v Powell,

Earlier this year, in United States v. Foster, 634 F.3d 243, 248 (4th Cir. 2011), we noted “our concern about the inclination of the Government toward using whatever facts are present, no matter how innocent, as indicia of suspicious activity.” Twice in the past few months, we reiterated this concern. See United States v. Massenburg, 654 F.3d 480, 482 (4th Cir. 2011); United States v. Digiovanni, 650 F.3d 498, 512 (4th Cir. 2011). In all three cases, we held that the Government failed to meet its minimal burden of articulating facts sufficient to support a finding of reasonable suspicion.