Daily Archives: December 5, 2018

S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

Defendant’s calls on a contraband cell phone in jail were wiretapped. He doesn’t even have standing because the phone was unlawful. “The cases concerning the precise question at issue—a prisoner’s ability to challenge the introduction of intercepted communications from his … Continue reading

Posted in Cell phones, Prison and jail searches, Reasonable expectation of privacy | Comments Off on S.D.Ga.: No standing in a wiretapped contraband cell phone in prison

CA9: Court can’t order return of property govt doesn’t have

Defendant can’t get an order for return of property where he can’t show that the government even has it. United States v. Tziu-Uc, 2018 U.S. App. LEXIS 34105 (9th Cir. Dec. 4, 2018). Self-represented defendant claimed ineffective assistance of counsel … Continue reading

Posted in Ineffective assistance, Rule 41(g) / Return of property | Comments Off on CA9: Court can’t order return of property govt doesn’t have

S.D.N.Y.: No standing in an email account def didn’t open and disavows

Defendant has no standing in an email account that was opened by somebody else that he disavows is even connected to him. United States v. Lewis, 2018 U.S. Dist. LEXIS 202501 (S.D. N.Y. Nov. 29, 2018). Reconsideration of prior denial … Continue reading

Posted in E-mail, Probation / Parole search, Standing | Comments Off on S.D.N.Y.: No standing in an email account def didn’t open and disavows

D.Mont.: Probation search of place probationer was merely visiting unreasonable

A person on supervised release was subject to a search condition of his residence. That did not include places he was visiting. Search of his backpack suppressed; a search warrant was required to even enter the premises of a third … Continue reading

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W.D.Mo.: Boilerplate Franks claim fails on its face

“The defendant’s boilerplate claim that the ‘information used to obtain the search warrant from the Circuit Court judge was flawed with false allegation….’, … does not meet the Franks test for a hearing.” “While defendant did not explicitly argue that … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Franks doctrine | Comments Off on W.D.Mo.: Boilerplate Franks claim fails on its face