Daily Archives: December 16, 2023

CA10: Inventory fails circuit’s standards, and seizure of machine gun reversed

Defendant didn’t have to show an investigative pretext for the impoundment of his vehicle and the finding of the machine gun. He prevails on the Tenth Circuit’s Sanders standard. “United States v. Sanders, 796 F.3d 1241, 1243 (10th Cir. 2015) … Continue reading

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D.Haw.: Def’s use of known alias to rent property gave standing

Rental of storage unit in one of defendant’s known aliases gave him standing. United States v. Eberhart, 2023 U.S. Dist. LEXIS 222575 (D. Haw. Dec. 14, 2023). Defendant’s Franks challenge fails for lack of the proffer of good reason. Aside … Continue reading

Posted in Franks doctrine, Good faith exception, Standing | Comments Off on D.Haw.: Def’s use of known alias to rent property gave standing