Daily Archives: January 7, 2019

D.Nev.: Leaving CP in a briefcase in attic and selling house and leaving it behind is abandonment

Defendant abandoned child pornography by secreting it with a cell phone in a briefcase in his attic. After he sold the house, he left it behind. He says he instructed a friend to retrieve it, but that didn’t happen. On … Continue reading

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CA6: One doesn’t get a Franks hearing without a proper showing; it’s not the way to test the argument

Defendant’s Franks argument in the district court didn’t argue that probable cause would be lacking. The search warrant affidavit as a whole shows probable cause. “On appeal, Fuller does not contend that he made the requisite ‘substantial preliminary showing,’” and … Continue reading

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Two on successor habeas petitions with search claims

Alleged withheld information of a Franks nature that undermines the search and defendant’s guilty plea was still barred as a successor petition. United States v. Hayes, 2019 U.S. Dist. LEXIS 1516 (W.D. Va. Jan. 4, 2019).* Petitioner’s search claim was … Continue reading

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OH5: Traffic stop on recalled AW still valid under GFE

A traffic stop based on a recalled warrant was still reasonable under the good faith exception of Evans and Herring. When she was arrested, her purse was subject to search incident: “Accordingly, because [her] purse was voluntarily brought outside the … Continue reading

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