Daily Archives: November 20, 2017

M.D.N.C.: To credit def’s 2255 was to then show he repeatedly lied to arresting officers; denied

Defendant’s 2255 version of events was implausible because, to prevail on this claim, he’d have to admit that he repeatedly lied to the officers who interviewed him when he consented to a search of his computers. That’s reason enough to … Continue reading

Posted in Ineffective assistance | Comments Off

D.N.M.: Def was detained at the border and inside a building, but he wasn’t “in custody” for Miranda purposes

Defendant was detained at the border and inside a building, but he wasn’t “in custody” for Miranda purposes. “Bustillos-Ramirez’s time seated at the table presents a situation similar to those cited in which the courts found that the defendant was … Continue reading

Posted in Uncategorized | Comments Off

NE: SW for “any and all firearms” from def’s place in a murder investigation wasn’t constitutionally imparticular

The search warrant here sought “any and all firearms” from defendant’s place. The police didn’t know whether a rifle or a handgun did the killing, but it was possible it was a rifle stuffed in his pants leg. The search … Continue reading

Posted in Particularity | Comments Off