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Criminal Law: Motion to Suppress-Warrantless Search
Where a defendant challenged the district court’s denial of a motion to suppress, probable cause justified the warrantless search of the vehicle. Judgment is affirmed. U.S. v. Darron Hill (MLW No. 74829/Case No. 19-2506 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Southern District of Iowa.
Criminal Law: Motion to Suppress-Defendant’s Statements-Warrantless Search
Where a defendant, who was found guilty of charges including second-degree murder, argued that the trial court clearly erred in denying his motion to suppress statements that he made to police, the statements were not incriminating, and the case was strong, so any error was harmless, and the court also did not err in admitting […]
Criminal Law: Possession of Heroin-Motion to Suppress-Probable Cause
Defendant appealed from the district court’s denial of his motion to suppress evidence of heroin seized from a rental car defendant had been driving that was stopped by police during a traffic stop. Where defendant had permission from his wife to operate the vehicle, he had standing to challenge the traffic stop and search, but […]
Criminal Law: Traffic Stop-Motion To Suppress
Where a defendant challenged the denial of his motion to suppress evidence in a felon-in-possession case, any mistake of law made by the arresting officer was objectively reasonable, so the traffic stop was lawful, and the judgment is affirmed. Judgment is affirmed. U.S. v. Burnside (MLW No. 74385/Case No. 18-2863 – 4 pages) (U.S. Court […]
Criminal Law: Investigatory Stop-Motion to Suppress
Where a defendant, who pleaded guilty to the unlawful use of identification documents, challenged the denial of his motion to suppress after an officer mistook him for a suspect in another case, the officer had reasonable suspicion to believe that the actual suspect had committed a crime and that he lived at the residence where […]
Criminal Law: Child Pornography-Motion to Suppress-Evidence of Prior Convictions
Defendant appealed from his conviction on three counts of receipt and distribution of child pornography and one count of failing to register as a sex offender. On appeal, defendant challenged the denial of his motion to suppress and the admission of evidence of his prior child-pornography conviction. Where video surveillance footage had minimal impact on […]
Criminal Law: Motion to Suppress-Drug-Dog Sniff
Where a defendant in a drug and firearm case challenged the denial of his motion to suppress, the judgment is affirmed because the officer was justified in stopping the defendant’s car because he was told to do so by a detective who had witnessed the defendant distributing drugs, and a drug-dog sniff also was justified. […]
Criminal Law: Sex Trafficking-Motion to Suppress-Due Process
Defendant was on supervised release when he was arrested for sex-trafficking and engaging in the business of prostitution. Following his conviction, defendant challenged the denial of his motion to suppress, motion to dismiss based on the sufficiency of evidence, the jury instructions and other alleged violations of his due process rights. Where defendant was on […]
Criminal Law: Child Pornography-Motion to Suppress-Warrant
Where a defendant in a child-pornography case challenged the denial of his motion to suppress evidence, the warrant was void but the good-faith exception applied to the agents’ use of the warrant. Judgment is affirmed. U.S. v. Johnson (MLW No. 73241/Case No. 18-2646 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed […]
Criminal Law: Possession of Firearm by Felon-Motion to Suppress-Fourth Amendment Violation
Defendant was indicted for possession of a firearm by a felon, in addition to other charges. After the magistrate recommended denial of defendant’s suppression motion, defendant pleaded guilty to the possession charge. On appeal, defendant argued that the law enforcement search underlying his suppression motion violated his Fourth Amendment rights. Where police body-cam footage […]
Criminal Law: Conspiracy to Distribute Heroin-Motion to Suppress-Probable Cause
Defendant appealed the denial of his motion to suppress evidence seized pursuant to a search warrant. The warrant was issued after investigators witnessed defendant engaged in what they believed were heroin transactions. Defendant argued that the warrant was unsupported by probable cause. Where affidavit in support of warrant stated that defendant had met with […]
Criminal Law: Impounded Vehicle-Inventory Search-Motion To Suppress
Where a defendant in a methamphetamine-distribution case challenged the denial of her motion to suppress, the judgment is affirmed because the district court did not err in finding that the sheriff’s office had an impoundment and inventory policy and that the officer followed the policies. Judgment is affirmed. U.S. v. Morris (MLW No. 72725/Case No. […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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