Daily Archives: April 11, 2017

E.D.N.C.: Def’s probation search was done at a reasonable time and in a reasonable manner, as required by state statute

Defendant’s North Carolina probation search was conducted at a reasonable time and in a reasonable manner, as required by statute, and it was for probation purposes. It was not quite a nighttime search. United States v. Lynch, 2017 U.S. Dist. … Continue reading

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NYTimes: Border Officers Nearly Double Searches of Electronic Devices, US Says

NYTimes: Border Officers Nearly Double Searches of Electronic Devices, US Says by Ron Nixon:

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NPR: U.S. Border Patrol Agents Step Up Cell Phone Searches

NPR: U.S. Border Patrol Agents Step Up Cell Phone Searches: The border patrol has almost tripled the number of people it demands turn over their cell phones coming into and leaving the U.S. Some in Congress now want to require … Continue reading

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E.D.N.C.: Omission from affidavit that 5 prior searches of def’s home found nothing wasn’t material where PC was shown yet again

Omission from the affidavit for search warrant that five prior searches at defendant’s residence for drugs had proved fruitless was not material where there was a separate showing of probable cause for this search warrant. The good faith exception also … Continue reading

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W.D.Va.: Not moving to suppress wasn’t IAC where he wasn’t charged with the stuff from the alleged illegal search

Defendant in his 2255 could not show that defense counsel was ineffective for not moving to suppress drugs that never formed the basis of a charge against him. He was arrested for prior offenses, and then he gave up drugs … Continue reading

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