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Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises
by Richard Resch
The U.S. Court of Appeals for the Seventh Circuit ruled that a suspect in a federal drug investigation who leased a condominium using a false name retained a subjective expectation of privacy in the premises that society recognizes as reasonable, and thus, the landlord could not give ...
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More from this issue:
- The Evolving Science, Skepticism, and Limited Evidentiary Value of Firearm and Toolmark Identification, by Douglas Ankney
- Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine, by Christopher Cobb
- Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release, by James Lockhart, Luke Sommer
- SCOTUS Announces Statute of Limitations for § 1983 Claim Challenging State’s Postconviction DNA Testing Procedures Begins to Run Upon Completion of State-Court Litigation, Including Appeals, by Richard Resch
- Oregon Supreme Court: Right to Counsel Violated by Police Questioning Defendant About an Uncharged Crime in Connection With Charged Crime for Which Defendant Represented by Counsel, by Mark Wilson
- Idaho Supreme Court: Confession Obtained in Violation of Miranda Inadmissible in State’s Case in Chief but May Be Used for Impeachment Purposes Where Defendant’s Will Was Not ‘Overborne’ During Interrogation, by Douglas Ankney
- Ohio Supreme Court: Good-Faith Exception to Exclusionary Rule Inapplicable to Warrant Based on Affidavit Stating Cellphones Found at Scene of Traffic Crash ‘May’ Contain Evidence, by Anthony Accurso
- Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve, by Douglas Ankney
- Massachusetts Supreme Court Announces When Clock Begins to Run on Statutory Pretrial Detention, by Harold Hempstead
- New York Court of Appeals Announces When an Alternate Juror Is ‘Discharged’ and no Longer ‘Available for Service’, by Douglas Ankney
- Seventh Circuit: Fugitive Who Leased Condo Under Alias Retained Expectation of Privacy so Landlord Could Not Give Valid Consent for Warrantless Search of Premises, by Richard Resch
- California Court of Appeal: Geofence Warrant Violates ‘Particularity’ Requirement of Fourth Amendment and Is ‘Overbroad’ but Good Faith Exception Applies Because of the Novelty of Geofence Warrants at Time Sought and Executed, by Richard Resch
- Washington Supreme Court Announces Adoption of ‘Rule of Automatic Reversal’ When Prosecutor Flagrantly Appeals to Racial and Ethnic Bias During Voir Dire, by Mark Wilson
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, by Dale Chappell
- Massachusetts Supreme Judicial Court Affirms Granting of New Trial in Murder Case Based on IAC Where Counsel Failed to Investigate Exculpatory Evidence Contained in a Proffer and Provided to Counsel Prior to Trial, by Matthew Clarke
- A Lie Is Still a Lie, Even if the Speaker Genuinely Believes It, by Jordan Arizmendi
- Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional, by Douglas Ankney
- California Court of Appeal Announces ‘Plausible Justification’ as Standard for Claiming Entitlement to Discovery Under Racial Justice Act of 2020, by Mark Wilson
- Ohio Supreme Court: IAC for Counsel to Mention ‘Neonaticide’ at Sentencing but Fail to Explain and Use It as Mitigating Evidence, by Douglas Ankney
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- Study Explores Factors Underlying High Rate of American Police Killings, by Eike Blohm, MD
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- News in Brief
More from Richard Resch:
- From the Editor, Dec. 15, 2024
- New York Court of Appeals Overturns Harvey Weinstein’s Convictions Based on Trial Court Rulings That Admitted Prejudicial ‘Prior Bad Acts’ Into Evidence and Violated His Right to Testify in His Own Defense, June 15, 2024
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, May 15, 2024
- Fourth Circuit: Defendant Entitled to Discovery and Evidentiary Hearing on § 2255 Petition to Withdraw Guilty Plea Because It Was Not Knowingly and Voluntarily Made, March 15, 2024
- New York Court of Appeals Announces Traffic Stop of Bicyclist Is Seizure Under Both Fourth Amendment and State Constitution Requiring Reasonable Suspicion of Crime or Probable Cause of Traffic Violation, March 15, 2024
- First Circuit Announces It Has Authority to Raise Claim of Error Sua Sponte for Violation of ‘Mandate Rule’ by Sentenc-ing Court on Remand, Jan. 15, 2024
- Texas Court of Criminal Appeals Clarifies Application of ‘Estoppel’ in Plea Bargain Context and Holds Trial Court Lacked Jurisdiction to Revoke Community Supervision After Statutory Term Expired, Dec. 15, 2023
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, Dec. 15, 2023
- Colorado Supreme Court Announces ‘Self-Serving Hearsay’ Statements Introduced Under Rule of Completeness Not Hearsay and Do Not Render Defendant Impeachable, Nov. 1, 2023
- New York Court of Appeals Suppresses Evidence Because Police Lacked Reasonable Suspicion Necessary for Level 3 Stop and Frisk Under De Bour Framework, Oct. 1, 2023
More from these topics:
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell, Feb. 15, 2025. Organizing, Prison Gangs, Drug Laws/Offenses.
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025. Vehicle Searches, Probable/Proximate Cause, Warrantless Searches, Marijuana Laws/Issues.
- Sprawling Indictment Targets Two Smuggling Networks Run by Georgia Prisoners, Dec. 15, 2024. Drug Laws/Offenses, Indictment/Information.
- Georgia Prison Warden Fired, Seven Guards Arrested in Prisoner’s Massive Drug Operation, Sept. 15, 2024. Guard Misconduct, Drug Laws/Offenses.
- Washington Court of Appeals Clarifies ‘Nexus’ Standard Authorizing Warrantless Searches of Parolees and Probationers, Sept. 1, 2024. Parole/Probation Searches, Nexus between crime and property, Warrantless Searches.
- Down with Big Brother: Warrantless Surveillance Makes a Mockery of the Constitution, Aug. 1, 2024. Police State-Surveillance, Warrantless Searches.
- SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding, July 15, 2024. Career Offenders, Drug Laws/Offenses, Sentencing Findings.
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024. Medication, Statistics/Trends, Warrantless Searches.
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024. Parole/Probation Searches, Condition of Probation, Warrantless Searches.
- Maryland Supreme Court Announces Expectation of Privacy Covers Electronic Data, Not Physical Devices, Thus War-rantless Search of Government’s Copy of Defendant’s Hard Drive After Consent Revoked Violated Fourth Amendment, Jan. 15, 2024. Consent, Cell-Phone Location/Tracking Data, Digital Devices, Privacy Act/Rights.
