Tag: Search and Seizure

Federal Postconviction

Conviction Tossed by Federal Court : Counsel Ineffective for Failing to Call Witness About Illegal Search by Cops

It’s not too often that the government files a motion to dismiss an indictment in a serious case. So, when I see that happen, I start digging into the case to find out why. It’s not like the government says in its motion why it wants to dismiss an indictment, and it’s usually some vague language that the “interest of justice” requires dismissal. Here’s a … Continue reading Conviction Tossed by Federal Court : Counsel Ineffective for Failing to Call Witness About Illegal Search by Cops

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Criminal Defense & Sentencing

Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant

It’s been said that a prosecutor could convince a grand jury to indict a ham sandwich, and this case proves that a cop could similarly convince a judge to grant a search warrant without any probable cause. Thankfully, a federal judge put a stop to it, although a bit too late. The Cops Came Knocking The case involved some disturbing facts about child exploitation, mainly … Continue reading Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant

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Criminal Appeals, Criminal Defense & Sentencing

Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest

The U.S. Court of Appeals for the Fourth Circuit held that a man with a sagging sweatshirt acting suspiciously was not enough for “reasonable suspicion” to allow an arrest, agreeing that the evidence in the case should have been suppressed and vacated the conviction. He was thought to be a robbery suspect by a man who saw Daniel Critchfield coming from the area of an … Continue reading Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest

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News

Federal Prison Newsletter End of August 2023

Here are some favorable cases in the federal courts this last week of August that may help out some people in federal prison. United States v. Thomas-Mathews, No. 21-1824, 2023 U.S. App. LEXIS 22464 (6th Cir. Aug. 25, 2023) Some judges can’t get out of the erroneous “crack is worse” way of thinking that got us into this mess. HOLDINGS: [1]-Where defendant pleaded guilty to … Continue reading Federal Prison Newsletter End of August 2023

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Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

Federal Court Tosses Drug and Gun Convictions Based on Defective Search Warrant

The U.S. Court of Appeals for the Sixth Circuit tossed a federal drug and gun case based on a defective search warrant. The Court held that the affidavit filed by law enforcement to show probable cause to obtain a search warrant was lacking in detail and therefore the warrant should not have been issued. Lexington, Kentucky, police used a confidential informant (CI) in 2019 to … Continue reading Federal Court Tosses Drug and Gun Convictions Based on Defective Search Warrant

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Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

How Geofence Warrants Kill Free Speech

Hundreds of protestors marched in Kenosha, Wisconsin, after the police shooting of Jacob Blake in August 2020. Little did these protestors know that the Bureau of Alcohol, Tobacco and Firearms (ATF) issued at least a dozen geofence warrants to gather data from their electronic devices they carried that day, even if they didn`t break the law. Critics say this type of digital harassment chills constitutionally-protected … Continue reading How Geofence Warrants Kill Free Speech

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