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Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling

Loaded on June 15, 2021 by Anthony Accurso published in Criminal Legal News July, 2021, page 32
Filed under: Alien Smuggling/Transportation, Warrantless Searches. Location: New Mexico.

by Anthony W. Accurso

The U.S. Court of Appeals for the Tenth Circuit held that the smuggling of persons across the U.S.-Mexico border alone did not justify the nonconsensual, warrantless search of the suspected smuggler’s home.

Police were called after witnessing a tractor-trailer disgorge 14 people behind an Albertsons supermarket ...

 

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More from this issue:

  1. Deliberately Convicting the Innocent: Exonerations Expose the Criminal Justice System’s Callous Indifference Toward Official Misconduct, by Douglas Ankney
  2. Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act, by Dale Chappell
  3. Texas Court of Criminal Appeals: Warrantless Arrest Designed to Elicit a Confession Constitutes Flagrant Misconduct Requiring Suppression of Confession, by Douglas Ankney
  4. Pennsylvania Supreme Court: Failure to Object to Improper Jury Instruction and Curative Instruction by Court Containing ‘Freudian Slip’ Constitutes IAC, by Anthony Accurso
  5. Federal Habeas Corpus: Discovery and Expanding the Record, by Dale Chappell
  6. Illinois Supreme Court Announces Person Seeking Certificate of Innocence Need Only Prove Innocence of Originally Prosecuted Theory of Offense, not Every Conceivable Theory, by Matthew Clarke
  7. An Ignoble Process How High-Pressure Tactics and Flawed Investigative Techniques Created a Miscarriage of Justice, by Casey Bastian
  8. Inflation Increases Likelihood of Felony Theft Charges, by David Reutter
  9. Report Shows Cellphone Searches Common, by Jayson Hawkins
  10. Iowa Supreme Court: Successful Adjustment to Sex Offender Registry Requirements Not a Reason to Deny Modification, by David Reutter
  11. California Court of Appeal: Defendant Cannot Be Convicted of Robbery and Kidnapping to Commit Robbery for Same Act, by Anthony Accurso
  12. Alaska Supreme Court: ‘Set Aside’ Conviction From 1997 Is Not ‘Conviction’ Triggering Lifetime ASORA Registration, by Anthony Accurso
  13. Discredited New York Police Detective’s False Testimony Causes the Dismissal of Close to 100 Drug Convictions, by Derek Gilna
  14. Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, by Dale Chappell
  15. Ninth Circuit Joins Five Other Circuits in Holding § 1B1.13 Doesn’t Apply to Compassionate Release Motions by Prisoners, by Dale Chappell
  16. Cancel Culture Nothing New to Those on Sex Offense Registries, by Sandy Rozek
  17. North Carolina Governor Announces Formation of Juvenile Sentence Review Board, by Douglas Ankney
  18. The Era of Punitive Excess The criminal justice system is marred by an overreliance on excessive punishment, by Bruce Western, Jeremy Travis
  19. Tenth Circuit: Warrantless Search of Truck Driver’s Home Not Justified Solely by Connection to Alien Smuggling, by Anthony Accurso
  20. Sixth Circuit: State Court Committed Constitutional Error in Applying Ohio Rules of Evidence 606(B) to Deny Right to Fair Trial, by Dale Chappell
  21. Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief, by Dale Chappell
  22. Maine Supreme Court: Counsel’s Introduction of Victim’s Video Interview with Police Was Not ‘Sound Trial Strategy,’ Constituted IAC, by Dale Chappell
  23. D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel, by David Reutter
  24. Mississippi Supreme Court Reverses Conviction due to Double Jeopardy Violation Because of Mistrial Without Manifest Necessity in Initial Trial, by Matthew Clarke
  25. Wyoming Supreme Court Abandons Alter Ego Rule in Relation to Defense-of-Another Claim, by Anthony Accurso
  26. California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection, by Douglas Ankney
  27. Seventh Circuit: Knowing and Intelligent Waiver of Miranda Rights Distinct and Separate Issue From Whether Statement Was Voluntary, by Douglas Ankney
  28. Fifth Circuit: U.S.S.G. § 1B1.13 Policy Statement Not Applicable to Prisoner’s Motion for Compassionate Release, by Douglas Ankney
  29. Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop, by Douglas Ankney
  30. Baltimore and St. Louis ‘Shoot Down’ Spy Planes, by Douglas Ankney
  31. First Circuit: Government’s Mention of Co-Defendant’s Guilty Plea Before Jury Was Confrontation Clause Violation Warranting New Trial, by Anthony Accurso
  32. SCOTUS Reaffirms Habeas Court Must Consider Entire Record Before ‘Disturbing’ a State Criminal Judgment, by Dale Chappell
  33. West Virginia Supreme Court: Emergency Protective Order Not De Facto Search Warrant, by Douglas Ankney
  34. Report: U.S. Border Patrol Not Nearly as Nice as It Claims, by Edward Lyon
  35. Potentially Deadly War Gas Deployed Against Black Lives Matter Protesters, by Matthew Clarke
  36. Tenth Circuit Joins Other Circuits, Holds § 1B1.13 Does Not Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
  37. Kentucky Supreme Court: Blood Test Refusal Inadmissible as Evidence in DUI Case Even to Explain Why Prosecution Has No Scientific Evidence of Intoxication, by Matthew Clarke
  38. News in Brief

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