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Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred
by Richard Resch
In an opinion issued on April 4, 2018, the U.S. Court of Appeals for the Sixth Circuit affirmed the suppression of evidence ostensibly obtained pursuant to an anticipatory search warrant where the triggering event never occurred.
This case was set in motion when a police dog alerted ...
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More from this issue:
- News in Brief
- 10th Circuit: Observation of Stack of 15 Credit Cards Does Not Provide Police With Probable Cause to Examine Name on Cards for Evidence of a Crime, by Christopher Zoukis
- Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug, by Matthew Clarke
- $10 Million Award for California Man Wrongfully Imprisoned, by Derek Gilna
- Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation, by Richard Resch
- Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing, by Dale Chappell
- Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites, by Steve Horn
- Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant, by Dale Chappell
- Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants, by Dale Chappell
- Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction, by Christopher Zoukis
- Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief, by Dale Chappell
- California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence, by Christopher Zoukis
- Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release, by Matthew Clarke
- New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations, by Christopher Zoukis
- Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute, by Dale Chappell
- Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege, by Dale Chappell
- Florida Supreme Court Announces SOL Defense Must be Raised at Trial to Preserve Issue for Direct Appeal, by Richard Resch
- California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony, by Dale Chappell
- Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence, by Dale Chappell
- Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert, by David Reutter
- Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson, by Christopher Zoukis
- Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, by Matthew Clarke
- No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty, by Matthew Clarke
- Execution Numbers Down in 2017, by Christopher Zoukis
- Minnesota Supreme Court: Prisoner Entitled to Appointed Attorney for One Review of Conviction, Even When It’s Not a Direct Appeal, by Christopher Zoukis
- Web-Based Database Exposes Depth and Breadth of Police Criminality, by Derek Gilna
- Sixth Circuit: Statute of Limitations for § 1983 Claim Accrues When Criminal Proceedings are Terminated, by Christopher Zoukis
- DOJ: Police Shooting Family Dogs has Become ‘Epidemic’, by Dale Chappell
- New Mexico Supreme Court Holds SCOTUS Prohibition Against Warrantless Blood Tests in DWI Cases Applies Retroactively, by Matthew Clarke
- S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC, by Dale Chappell
- Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist, by Steve Horn
- Sixth Circuit Suppresses Evidence Where Triggering Event Specified in Anticipatory Search Warrant Never Occurred, by Richard Resch
- Philly Prosecutor’s ‘Do Not Call’ List Released; Names Cops Not to Call to the Stand, by Christopher Zoukis
- Ohio Supreme Court: Policy of Inventory Search Upon Arrest Does Not Empower Police to Retrieve Property from Area Protected by Fourth Amendment, by Dale Chappell
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- Do Black Lives Matter in the Supreme Court?, by Michael Avery
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More from Richard Resch:
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- From the Editor, Aug. 15, 2025
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025
- Understanding Your Constitutional Rights in the ‘100-Mile Border Zone’: A Primer for Non-Citizens in the United States When Confronted by Law Enforcement, July 1, 2025
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, May 15, 2025
- SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025
- From the Editor Everything You Always Wanted to Know About Holdings and Dicta*, March 15, 2025
- 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
More from these topics:
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, Aug. 1, 2025. Computer Searches, Search warrants, Warrants, Immediate Control.
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, Aug. 1, 2025. Police Searches, Police State-Surveillance, Electronic Surveillance.
- Colorado Supreme Court Announces Police Facilitating Drug-Detection Dog’s Entry Into Vehicle by Opening Door During Traffic Stop Without Probable Cause Is Unconstitutional Search in Violation of Fourth Amendment, July 1, 2025. Fourth Amendment, rights, Drug-Sniffing Dog, Automobile Searches/Seizures.
- SCOTUS Announces Rejection of ‘Moment-of-Threat Doctrine’ Because It Improperly Narrows Required ‘Totality of the Circumstances’ Analysis for Fourth Amendment Excessive-Force Claims, May 15, 2025. Shootings, Police--Excessive Force, Excessive Force (Police), Fourth Amendment, rights.
- California Supreme Court: Presence in High Crime Area and Desire to Avoid Contact With Police Does Not Amount to Reasonable Suspicion Justifying Detention for Suspected Criminal Activity, Aug. 1, 2024. Fourth Amendment, rights, Suspicionless Searches.
- 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.
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, Feb. 15, 2024. Police Misconduct, Excessive Force (Police), Fourth Amendment, rights, Police/Govt Misconduct, Monell Liability, Fourth Amendment.
- 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.
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, June 15, 2023. Fourth Amendment, rights, Warrantless Searches, Searches - Home/Curtilage, Specific Intent.
- Fourth Amendment Loopholes and the PATRIOT Act’s Legacy, Sept. 15, 2022. Fourth Amendment, rights, Patriot Act, USA Patriot Act.