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1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search
by David Reutter
The United States Court of Appeals for the First Circuit reversed the armed bank-robbery conviction of Virgilio Diaz-Jimenez (“Diaz”), holding the warrantless search of Diaz’s home did not fit within the protective sweep or voluntary consent exceptions under the Fourth Amendment and was thus unconstitutional.
Diaz and ...
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More from this issue:
- Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
- Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
- Victims’ Rights Laws a Threat to Due Process
- Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate, by Christopher Zoukis
- Private DNA Lab Under Fire for Faulty Analysis, by Christopher Zoukis
- ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
- Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC, by Dale Chappell
- Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
- Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, by David Reutter
- New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
- Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
- Your Papers, May I See Your Papers?, by Christopher Zoukis
- Hair Analysis a Useful but Not Foolproof Forensic Tool, by Derek Gilna
- 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Civil Forfeiture Often Focuses on Profit Instead of Public Safety
- Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures, by Derek Gilna
- Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
- Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
- Houston Forces Parolees out of City Under New Rule
- From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting, by Matthew Clarke
- Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment, by Richard Resch
- New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission, by Derek Gilna
- Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors, by Christopher Zoukis
- Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability, by Matthew Clarke
- 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B), by David Reutter
- Study Indicates Link Between Officer Fatigue and Public Complaints, by Betty Nelander
- ACLU Questions Trade Secrets Protecting DNA Testing Algorithms, by Dale Chappell
- $28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit, by Kevin Bliss
- Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself, by Steve Horn
- Archaic Disciplinary System Allows Chicago Police to Delay Punishment, by David Reutter
- Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable, by Dale Chappell
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence, by Christopher Zoukis
- Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges, by Dale Chappell
- NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning, by Dale Chappell
- 10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense, by David Reutter
- New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause, by Dale Chappell
- California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon, by Dale Chappell
- Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal, by Dale Chappell
- Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection, by Betty Nelander
- Prosecutors Use Their Power to Help Reform Criminal Justice
- Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea, by Dale Chappell
- NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error, by Dale Chappell
- Insurance, Courts Protect Cops from Liability, by Dale Chappell
- The Broad Reach of Carpenter v. United States, by Paul Ohm
- Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings, by Matthew Clarke
- News in Brief
- From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions, by Christopher Zoukis
More from David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
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.
- 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.
- Prison Visitors Have Fourth Amendment Right to Refuse Strip Search and Option to Leave Prison, Dec. 1, 2021. Strip Searches, Visitor Searches, Fourth Amendment, rights.