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First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence

Loaded on April 15, 2020 by David Reutter published in Criminal Legal News May, 2020, page 23
Filed under: Nexus between crime and property, Fruit of the Poisonous Tree. Location: Massachusetts.

by David Reutter

The U.S. Court of Appeals for the First Circuit affirmed the suppression of evidence seized from a suspected drug dealer’s home as fruit of the poisonous tree.

Jamal Roman was alleged in a search warrant application submitted by DEA Special Agent Scott Smith to be “a known ...

 

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  1. Changing Perception, Changing The Law, by Jean Trounstine
  2. California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later, by Dale Chappell
  3. Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences, by Dale Chappell
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  5. Attacking the Guilty Plea: The Ineffective Assistance of Counsel Standard, by Dale Chappell
  6. Suspending the Constitution: Police State Uses Crises to Expand Its Lockdown Powers, by John W. Whitehead
  7. SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, by Dale Chappell
  8. Kansas Supreme Court Holds Threat of Violence Statute Violates First Amendment to Extent it Criminalizes ‘Reckless’ Conduct, by Dale Chappell
  9. SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a), by Douglas Ankney
  10. New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record, by Douglas Ankney
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  13. En Banc Ninth Circuit Provides Guidance on When Amended Habeas Petition ‘Relates Back’ to Original Claims to Avoid Dismissal as Untimely, by Dale Chappell
  14. First Circuit: Home Search Affidavit Failed to Establish Nexus of Crime and Evidence, by David Reutter
  15. First Circuit: Securing a Weapon Not Used in Offense Is Not Exigent Circumstance Permitting Warrantless Entry and Search of Suspect’s Home, by Anthony Accurso
  16. Massachusetts Supreme Judicial Court Reverses Murder Conviction Due to Insufficient Evidence, by Douglas Ankney
  17. Second Circuit Holds Denial to Proceed Under Pseudonym by Magistrate Judge Is Immediately Appealable, by Dale Chappell
  18. Fifth Circuit Settles In-Circuit Confusion, Holds Implicit Extension of Time to File State Appeal Tolls AEDPA Clock to File Federal Habeas Petition, by Dale Chappell
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  20. Former Florida Deputy Jailed for Fabricating Drug Evidence, by David Reutter
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  22. ‘Travel Papers’ and the Pandemic Patriot Act 2.0, by Daisy Luther, The Organic Prepper
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  25. Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing, by Dale Chappell
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