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Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception
Loaded on Feb. 14, 2019
by David Reutter
published in Criminal Legal News
March, 2019, page 19
Filed under:
Search warrants.
Location:
United States of America.
by David Reutter
The U.S. Court of Appeals for the Eighth Circuit held that two state court warrants to place a GPS tracker on the vehicle of Juan Lopez-Zuniga lacked sufficient indicia of probable cause and could not be saved by the good-faith exception. The Court, however, found two other ...
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More from this issue:
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- News in Brief
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- Government Snitches: Incentivized Witnesses Are the Leading Cause of Wrongful Convictions, by Dale Chappell
- NYPD Gang Database Lacks Transparency, Limits Due Process, by Kevin Bliss
- $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
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- New California Laws Peel Back Secrecy Surrounding Police Discipline Amid Pushback, by Betty Nelander
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- ‘Ban the Box’ Movement Expands in New Direction, by Edward Lyon
- Forensic Entomology Helps Nevada Murder Convictee Get Exonerated After 17 Years in Prison, by Edward Lyon
- Massachusetts Drug Lab Scandal: Thousands More Cases Likely Affected, by Kevin Bliss
- NY Election Websites Tell Parolees They Can’t Vote, Even Though They Can, by Dale Chappell
- Police Use of ‘Undercover Friending’ Investigative Technique Unregulated, by Kevin Bliss
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- Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
- Bronx Prosecutors Trained to Manipulate System to Delay Trials, by Matthew Clarke
- Deputy U.S. Attorney General Rosenstein Defends Junk Science Forensics, by Matthew Clarke
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- Report: Wisconsin Crime Labs Face Multitude of Problems, by Edward Lyon
- Custodial Interrogation Must Cease When Suspect Unambiguously Invokes Right to Remain Silent, Says Fourth Circuit, by Douglas Ankney
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- From the Editor, by Richard Resch
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- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
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- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
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More from these topics:
- Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation, June 15, 2024. Search warrants, Warrants, Particularity Requirement, Overbreadth, Warrants - General Search, Digital Devices.
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023. Search warrants, Warrants, Probable Cause, Material Falsehoods, Authorized Persons.
- Federal Judges Beginning to Reject Geofence Warrants, Nov. 15, 2020. Search warrants, Police State-Surveillance, Electronic Surveillance.
- Warrant Gives Police Access to DNA Database, March 18, 2020. DNA Testing/Samples, Search warrants.
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, March 18, 2020. Search warrants, Police, Fourth Amendment, rights.
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, Feb. 18, 2020. Search warrants.
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, Jan. 21, 2020. Search warrants, Double jeopardy.
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, Jan. 18, 2020. Search warrants.
- Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction, Aug. 21, 2019. Searches, Search warrants.
- Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred, June 17, 2019. Searches, Computer Searches, Search warrants, Internet.