Daily Archives: February 24, 2019

D.Neb.: ATF administrative inspection can occur even though they had PC; SW not required

Just because ATF had reasonable cause doesn’t mean that they needed a search warrant to conduct an administrative inspection of a gun dealer’s records. United States v. Melton, 2018 U.S. Dist. LEXIS 221663 (D. Neb. Dec. 28, 2018):

Posted in Administrative search | Comments Off on D.Neb.: ATF administrative inspection can occur even though they had PC; SW not required

CA11: Occasional visitor at house had no standing

“Here, Rodriguez’s limited relationship to Weeks’s house does not grant him a reasonable expectation of privacy in it. Rodriguez testified at the suppression hearing that he went to Weeks’s house after being invited, not on his own accord. He also … Continue reading

Posted in Staleness, Standing | Comments Off on CA11: Occasional visitor at house had no standing

CA6: State SW can be used to bring a federal prosection

A state search warrant, of course, can be used to initiate a federal prosecution. Dismissal of the state case in favor of federal prosecution is not res judicata. Moreover, the federal government isn’t a party in the state case. United … Continue reading

Posted in Probable cause, Warrant execution | Comments Off on CA6: State SW can be used to bring a federal prosection

DE: A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding

A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding. Walker v. State, 2019 Del. LEXIS 88 (Feb. 21, 2019). The record doesn’t show that defendant’s plea was conditional, so there is no … Continue reading

Posted in Probation / Parole search | Comments Off on DE: A probation search that didn’t comply with the probation laws couldn’t be used in a criminal proceeding

CA4: Seizure of Nazi materials in a SW for an ISIL suspect was reasonable because both are defined as terrorist organizations

Defendant was alleged to be connected to ISIL, and, in a terrorism investigation, the government executed a search warrant at his home. Seizure of Nazi materials wasn’t outside the scope of the search warrant: “a reasonable officer would be able … Continue reading

Posted in Overseizure | Comments Off on CA4: Seizure of Nazi materials in a SW for an ISIL suspect was reasonable because both are defined as terrorist organizations

16th anniversary of this blog; 258th anniversary of Otis’ argument in Paxton’s Case

Today is the 16th anniversary of this blog. Today is also the 258th anniversary of James Otis’ 1761 argument at the Boston Old State House against the writs of assistance in Paxton’s Case. Transcripts of the argument are here. (It … Continue reading

Posted in Uncategorized | Comments Off on 16th anniversary of this blog; 258th anniversary of Otis’ argument in Paxton’s Case