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Showing posts from November, 2014

Delay in presentment in pursuit of cooperation was unreasonable. Defendant's motion to suppress confession should have been granted.

In United States v. Thompson, 13-1874, the Third Circuit Court of Appeals affirmed the district court's denial of Mr. Thompson's motion to suppress fruits of an unlawful search, but reversed the suppression ruling regarding his statements.

Thompson was the subject of a traffic stop in Texas.  During the stop officers located a quantity of marijuana and cocaine.  He was charged locally with the marijuana and posted bond.  He was not charged locally with the cocaine, nor was he informed that law enforcement discovered it.  Weeks later, the DEA believing Thompson to be involved with a drug trafficking group known as the "Cali Connect" executed search warrants at residences believed to be associated with that group in various states, including Pennsylvania, Indiana, and California.  Agents searched Thompson's home in California and discovered a quantity of cocaine.  He was subsequently taken the DEA head-quarter's which was an hour and a half drive.  During the d…

Exclusionary rule does not apply when agents executing an otherwise valid search warrant fail to provide to the homeowner a list of items sought

U.S. v. Franz, No. 13-2406, 2014 WL 5565457 (3dCir. Nov. 4, 2014)

A police officer executing an otherwise valid search warrant failed to provide the list of items sought to the homeowner.Although it acknowledged that the warrant, as presented to the homeowner, was constitutionally deficient, the Court examined the totality of the circumstances. It considered the officer's conduct in obtaining and executing the warrant, and what the officer knew or should have known.The rookie officer consulted with federal prosecutors and explained to the homeowner what items the warrant sought, but mistakenly believed that an order sealing the warrant prohibited him from providing the list of items sought to the homeowner. Under these circumstances, application of the exclusionary rule would have little deterrent effect since the officer’s conduct was not deliberate, reckless, or grossly negligent. 
During trial, the court allowed the prosecutor to show graphic images of children being sexually a…