Seizure of a laptop and cellphones in a motel room following an arrest on an interstate stalking warrant was permissible under the plain view doctrine because their evidentiary value was immediately apparent in that context, the Fifth Circuit recently held.
Eighth Circuit: Nexus Between Property and the Crime Still Required When Consent Given for Forfeiture
The Eighth Circuit recently held that a defendant’s consent to a forfeiture of property does not relieve the government of establishing the required nexus between the property sought for forfeiture and the conviction of offense for which forfeiture is a penalty.
During the 2014 World Cup Soccer Tournament, Mr. Wei Seng “Paul” Phua rented three villas – villas 8881, 8882 and 8888 - at Ceasars Palace Hotel and Casino in Las Vegas, Nevada. An investigator employed by Ceasars, Mr. Paul Urban, was told by several employees that that Mr. Phua appeared to be running an illegal gambling operation and accepting wagers on the results of World Cup matches. Mr. Urban reported the matter to the Nevada Gaming Control Board (“NVGCB”) and the Federal Bureau of Investigation (“FBI”). The two law enforcement agencies began a cooperative investigation.
DC CIRCUIT FINDS NO CONSTITUTIONAL VIOLATION IN “GUN PATROL” SEIZURE; JUDGE ADVISES PUBLIC TO TELL OFFICERS: “I DO NOT WISH TO HAVE AN ENCOUNTER WITH THE POLICE…. AM I FREE TO LEAVE?”
On the evening of February 4, 2013, officers of the Washington, D.C. Metropolitan Police Department’s Gun Recovery Unit were patrolling a high crime area in unmarked vehicles, but wearing tactical vests clearly labelling them as “Police.” The officers were working on “gun patrol,” and thus looking for opportunities to recover illicit firearms.
John Yates was a commercial fisherman working in the Gulf of Mexico. On August 23, 2007, Mr. Yates and his vessel, named the Miss Katie, were approached in Federal waters by another boat. Onboard the other boat was Officer John Jones the Florida Fish and Wildlife Conservation Commission. Officer Jones was deputized by the National Marine Fisheries Service, an element of the Department of Commerce’s National Oceanic and Atmospheric Administration, to enforce federal fisheries laws.
- Fifth Circuit: No Reasonable Mistake of Law Where Statute is Unambiguous
- Supreme Court Decides Ankle Bracelet Monitoring is a Fourth Amendment Search
- First Circuit: Reasonable Search Raised by Circumstances Not Rendered Unreasonable by Initial Searches that Do Not Identify Narcotics
- 6th Circuit Applies Good-Faith Exception to Warrant Issued on 8 Month Old Evidence