News
[03/09]
Man dead after killing 1 officer, wounding another
[03/09]
Police: Man eyed in 2nd teen murder investigation
[03/09]
Sentencing for doctor in wife's cyanide death
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Articles
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Case Summaries
[03/09]
US v. Cha
In a prosecution for conspiracy, sex trafficking and coercion, and enticement to travel for the purpose of prostitution, a grant of defendants' motion to suppress evidence is affirmed where the warrantless seizure of defendants' residence, which lasted a minimum of 26.5 hours, was constitutionally unreasonable.
[03/09]
Espinosa v. City & County of San Francisco
In a 42 U.S.C. section 1983 action claiming excessive force by defendants-officers, denial of summary judgment based on qualified immunity is affirmed where: 1) defendants failed to show as a matter of law that plaintiff's decedent did not have a reasonable expectation of privacy; 2) the district court properly found that defendants failed to show as a matter of law that the emergency and exigency exceptions to the Fourth Amendment warrant requirement applied; 3) defendants failed to show that there were no questions of fact regarding whether a security guard had apparent authority to consent and implied consent; and 4) the district court did not err in finding that there were genuine issues of fact regarding whether the officers intentionally or recklessly provoked a confrontation.
[03/09]
US v. Stearn
Following a grand jury indictment of defendants for federal narcotics and weapons offenses, district court's order granting in part motions to suppress evidence in favor of defendants is, with one irrelevant exception, reversed in its entirety where: 1) the magistrate judge had a substantial basis for determining that probable cause existed to search the apparent residence of a confirmed drug dealer; 2) although closer probable cause questions are presented by the searches of other residences, each search is upheld under the Leon good faith exception as each warrant was sufficiently colored in probable cause to justify the executing officers' good faith reliance; and 3) the suppression of a defendant's saliva sample as "fruit of poisonous tree" is reversed as the defendant failed to prove a primary invasion of his own Fourth Amendment rights.
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