Tuesday, September 05, 2006

9th Circuit most lenient

US v. McDonald, 453 F.3d 958 (7th Cir. 2006)(Proceeding on the same street after engaging the turn signal wan not a violation of Illinois law; a police officers mistake of law cannot support probable cause to conduct a stop).
US v. D.L., 453 F.3d 1115 (9th Cir. 2006)(government violated Juvenile delinquent Act (JDA) by failing to "immediately notify of his legal rights; arraignment delay, etc. Dismissal of charges warranted)(10 page dissent)
Smith v. Mitchell, 437 F.3d 884 (9th Cir. 2006)2254 insufficient evidence. Why 9th Circuit best in US see 453 F.3d 1203 rehearing 7 page dissent).
US v. Brownlee, 454 F.3d 131 (3rd Cir. 2006)(show-up procedure unnecessarily suggestive; defendants inculpatory statements were product of custodial interrogation, not harmless, prior panel given binding effect).
US v. Mosley, 454 F.3d 249 (3rd Cir. 2006)(when a vehicle is illegally stopped by the police (anonymous tip), no evidence found during the stop may be used by the government against any occupant of the vehicle; guns found had to be suppressed, conviction vacated). (Huge passenger in vehicle expostion).

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