Daily Archives: September 29, 2022

N.D.N.Y.: Lack of consent no defense to a probation search

Lack of consent is no defense to a probation search. United States v. Lombardo, 2022 U.S. Dist. LEXIS 173618 (N.D.N.Y. Sep. 20, 2022).* Defendant was detained after furtive gestures. He ultimately voluntarily spoke to the officers. There was no constitutional … Continue reading

Posted in Probation / Parole search, Qualified immunity | Comments Off on N.D.N.Y.: Lack of consent no defense to a probation search

OH9: Def opened a safe for the police but never argued he had a REP in the contents so no standing

Defendant opened a safe for the officers. His wife said that it was hers and she had it before they were married. Defendant didn’t even argue he had a reasonable expectation of privacy in the safe. Therefore, he didn’t show … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on OH9: Def opened a safe for the police but never argued he had a REP in the contents so no standing

S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district

“The Court will not interfere with the Government’s review of the laptop pursuant to a search warrant obtained from a different Court — except to require the Government to submit a status update no later than October 28, 2022. As … Continue reading

Posted in Burden of proof, Ineffective assistance, Issue preclusion | Comments Off on S.D.N.Y.: Court has no jurisdiction to interfere with a laptop search initiated in another district