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Illinois Supreme Court: Use of Flashlight by Police to See Through Small Gap in Chained and Padlocked Kitchen Cabinet Doors Constitutes ‘Search’ Under Fourth Amendment by Jeffrey Cohen The Supreme Court of Illinois reversed the Appellate Court’s denial of the defendant’s suppression motion, holding that contraband discovered by police inside …
Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W by Anthony Accurso by Anthony W. Accurso The Supreme Judicial Court of Massachusetts …
Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit granted a federal prisoner’s 28 U.S.C. § 2255 motion for habeas …
Article • February 15, 2023 • from CLN March, 2023
California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case by Douglas Ankney by Douglas Ankney The Court of Appeal of California, First Appellate District, affirmed the Solano County Superior Court’s …
Article • November 15, 2022 • from CLN December, 2022
Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed by Mark Wilson by Mark Wilson The Supreme Court of Rhode Island upheld a lower court’s suppression of un-Mirandized statements made to police, finding that the defendant was in custody at the scene of an …
Article • March 15, 2022 • from CLN April, 2022
North Dakota Supreme Court Suppresses Evidence Found in Passenger’s Backpack Located Outside Vehicle When Drug-Detection Dog Alerted to Presence of Drugs Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of North Dakota upheld the suppression of evidence obtained from a warrantless backpack search because neither the …
Article • January 15, 2022 • from CLN February, 2022
California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer by Douglas Ankney by Douglas Ankney The Court of Appeal, Sixth Appellate District, held that a trial court …
Article • January 15, 2022 • from CLN February, 2022
Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression by Anthony Accurso by Anthony W. Accurso The Court of Criminal Appeals of Texas upheld the decision of a lower court to suppress a defendant’s surreptitiously recorded statements on the ground that it was …
Article • November 15, 2021 • from CLN December, 2021
Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Maine reversed the denial of Bruce Akers’ motion to suppress and vacated his murder conviction. On June 9, 2016, Akers called the local sheriff’s office and …
Article • June 15, 2021 • from CLN July, 2021
Illinois Supreme Court: Motion to Suppress Statements Granted Where Police Prolonged Traffic Stop to Investigate Offenses Unrelated to the Stop by Douglas Ankney by Douglas Ankney The Supreme Court of Illinois affirmed a decision of the appellate court that ruled a motion to suppress inculpatory statements should have been granted …
Article • January 15, 2021 • from CLN February, 2021
New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful by Douglas Ankney by Douglas Ankney The Court of Appeals of New York reversed the decision of the appellate division that had affirmed a county court’s denial …
Article • June 15, 2020 • from CLN July, 2020
NY Court of Appeals: Right to Review Suppression Decision When Decision Relates Solely to a Count Satisfied by Plea but Isn’t Count to Which Defendant Pled by Douglas Ankney by Douglas Ankney The Court of Appeals of New York held that N.Y. Crim. Proc. Law (“CPL”) 710.70(2) grants a defendant …