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Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge
Loaded on Dec. 15, 2023
by Richard Resch
published in Criminal Legal News
December, 2023, page 42
Filed under:
Search warrants,
Warrants,
Probable Cause,
Material Falsehoods,
Authorized Persons.
Location:
Indiana.
by Richard Resch
In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of Indiana erred by denying Russell Taylor’s motion to suppress and request for an evidentiary hearing to determine the ...
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More from this issue:
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, by Casey Bastian
- Natural Language Processing Software Can Identify Biased Jury Selection, Has Potential to Be Used in Real Time During Voir Dire, by Jo Ellen Nott
- Louisiana Sheriffs Repeatedly and Conveniently Destroy Public Records, by Benjamin Tschirhart
- Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation, by Douglas Ankney
- CBP Promises Not to Buy Location Data – But Is It a Hollow Promise?, by Michael Thompson
- Use of Forensic Genetic Genealogy Searches to Identify Suspects Needs Regulation and Can Be Challenged, by Matthew Clarke
- Chicago Cop Lied So Many Times Under Oath That Prosecutors Are Dismissing Cases That Relied on His Testimony, by Jordan Arizmendi
- 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, by Richard Resch
- Report Finds Effective Text Message Reminders Can Reduce Community Supervision Violations, by Jordan Arizmendi
- Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes, by Douglas Ankney
- First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained, by Matthew Clarke
- Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing, by David Reutter
- Indiana Supreme Court Reverses Involuntary Manslaughter Conviction Where Trial Court Denied Defense Counsel Opportunity to Directly Voir Dire Prospective Jurors, by Douglas Ankney
- We the Targeted: How the Government Weaponizes Surveillance to Silence its Critics 2372, by Nisha Whitehead, John W. Whitehead
- Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction, by Douglas Ankney
- Massachusetts Supreme Court: Defense Counsel’s Overt Bias Against Own Client Constitutes Actual Conflict of Interest Requiring New Trial Without Need to Prove Prejudice, by Anthony Accurso
- New Mexico Ends Juvenile Life Without Parole, Retroactively Applies Rule to Previously Convicted Minors, by Anthony Accurso
- Fourth Circuit Reverses § 924(c) Conviction Because Kidnapping No Longer Qualifies as Predicate Offense and ‘Critical Record Documents’ Do Not Show Firearm Charge Was ‘Expressly Predicated Upon’ Any Other Offense, by Douglas Ankney
- Texas Using Highly Sophisticated Israeli Phone Tracking Software, by Jo Ellen Nott
- New York Court Rules Police Allowed to Use Familial DNA Searches, by Jordan Arizmendi
- ‘Criminal Courteaucracy’: Understanding the Unique Role of Criminal Court Administrators in Implementing Social Con-troll, by David Reutter
- Fifth Circuit: Fourth Amendment Seizure Occurred When Officer Pulled Behind Parked Vehicle, Activated Emergency Lights, and Simultaneously Ordered Suspect to Remain in Vehicle, by Douglas Ankney
- The EFF Is Tackling Border Towers, Facilitating Research into Impact of Mass Surveillance, by Anthony Accurso
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, by Matthew Clarke
- After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, by Jo Ellen Nott
- Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge, by Richard Resch
- California Supreme Court Reinstates Petition for Resentencing Under SB 1437 Because Trial Court Misapprehended Le-gal Requirements for Proving Aiding and Abetting Implied Malice Murder, by Matthew Clarke
- Maine Supreme Judicial Court Announces Clarification of Test for Violation of Right to Speedy Trial Under Maine Constitu-tion, by David Reutter
- Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea, by Douglas Ankney
- News in Brief
More from Richard Resch:
- 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
- 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
More from these topics:
- 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.
- Sixth Circuit Suppresses Evidence Obtained as a Result of Warrant That Lacked Probable Cause of Criminal Activity in Arson Investigation, Sept. 1, 2023. Probable Cause, Suppression.
- Technology Allows for Overbroad Searches on Warrants, March 16, 2023. Warrants, Electronic Surveillance.
- SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access, Sept. 15, 2021. Computer Searches, Authorized Persons.
- Federal Judges Beginning to Reject Geofence Warrants, Nov. 15, 2020. Search warrants, Police State-Surveillance, Electronic Surveillance.
- Warrant Gives Police Access to DNA Database, March 18, 2020. DNA Testing/Samples, Search warrants.
- New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants, March 18, 2020. Search warrants, Police, Fourth Amendment, rights.
- Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings, Feb. 18, 2020. Search warrants.
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, Jan. 21, 2020. Search warrants, Double jeopardy.
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, Jan. 18, 2020. Search warrants.