News & Analysis as of

Criminal Prosecution Evidence Suppression

Sullivan & Worcester

After Fumble on the Fourth, Prosecutors Punt on Kraft SpaGate Case

Sullivan & Worcester on

Florida prosecutors dropped both charges against New England Patriots owner Robert Kraft for solicitation of prostitution on Thursday. This decision to discontinue the case came on the heels of a Florida appeals court...more

Sullivan & Worcester

The Fourth Amendment Downs 'Video Voyeurism' in Kraft SpaGate Case

Sullivan & Worcester on

On Wednesday, Florida’s Fourth District Court of Appeal affirmed a lower court decision excluding video evidence that Florida prosecutors sought to use in their case against hundreds of men who allegedly patronized the...more

Proskauer - New Media & Technology

Warrantless Retrieval of Electronic Automobile Data Held to Be Unreasonable Search – Ruling Points to Private Nature of Digital...

The Georgia Supreme Court ruled that the retrieval of electronic automobile data from an electronic data recording device (e.g., airbag control modules) without a warrant at the scene of a fatal collision was a search and...more

Proskauer - New Media & Technology

Fourth Amendment Appeal before Georgia Supreme Court over Airbag Crash Data Could Have Implications for Autonomous Cars and...

Yesterday, the Georgia Supreme Court is set to hear oral argument in an appeal brought by a defendant convicted of vehicular homicide and other charges related to a fatal car crash. (Mobley v. State, No. S18C1546). The...more

Patterson Belknap Webb & Tyler LLP

Appeal “Tanks” After Circuit Holds That Defendant Gave Implied Consent to Have K-9 Unit Present in His Apartment After Calling 911...

On July 31, the Second Circuit issued a decision in United States v. Iverson (Kearse, Calabresi, Livingston) and affirmed the conviction of a defendant who had challenged the district court’s denial of his suppression motion...more

Patterson Belknap Webb & Tyler LLP

Second Circuit’s Lambus Decision Analyzes the Admissibility of Wiretap and GPS Evidence

On July 25, 2018, in United States v. Lambus, No. 16-4296 (Kearse, Livingston, Jeffrey Meyer, D.J.), the Second Circuit issued a lengthy decision analyzing two questions related to the suppression of GPS data from an ankle...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Reverses Trial Court Rulings Suppressing Wiretap and GPS Evidence

On July 25, 2018, in United States v. Lambus, No. 16-4296 (Kearse, Livingston, Jeffrey Meyer, D.J.), the Second Circuit issued a lengthy decision reversing pretrial rulings suppressing evidence obtained from wiretaps and GPS...more

Patterson Belknap Webb & Tyler LLP

Promises, Promises: Second Circuit Reverses District Court’s Ruling That Suppressed Post-Arrest Statements Based On Allegedly...

In United States v. Haak, 16-3876-cr, the Second Circuit (Raggi, Hall, Carney) reversed a suppression order, finding that local law enforcement authorities did not falsely promise the defendant immunity from prosecution and...more

Patterson Belknap Webb & Tyler LLP

Second Circuit Provides Primer on Criminal Procedure in Methamphetamine Case

United States v. Lyle - In United States v. Lyle, 15-958-cr (Raggi, Chin, Lohier), the Second Circuit covered an array of criminal procedure issues—including the Fourth Amendment concerns associated with rental car...more

Best Best & Krieger LLP

BB&K Police Chief Bulletin: Involuntary Confession - Involuntary Confession Induced by False Promise of Leniency Inadmissible

Overview: A California appellate court recently ruled that an involuntary confession motivated by an officer’s false promises of leniency was not admissible at trial. During the interrogation, the officer repeatedly asserted...more

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