W.D.N.Y.: Product of wiretap alone can produce PC for search of home, but here there was more

After a wiretap, police got search warrant for eight locations. Only defendant’s is at issue here, and he sought de novo review of the probable cause determination which he does not get. The affidavit for the search warrant showed probable cause as to defendant’s home. Often this can come from the product of a wiretap alone, but here there was additional information submitted. United States v. Hicks, 2016 U.S. Dist. LEXIS 170147 (W.D.N.Y. Nov. 16, 2016), adopted, 2016 U.S. Dist. LEXIS 170082 (W.D.N.Y. Dec. 8, 2016).

Plaintiff was charged $4,000 for a fourteen month jail stay after charges were dismissed. He sued claiming a due process and Fourth Amendment violation. The county moved to dismiss, and plaintiff agreed to dismiss the Fourth Amendment claim. His due process claim is denied because the process starts with sending a bill. He could challenge the bill. This was really a state law claim, and the district court declined to exercise supplemental jurisdiction over that part of the case. Jones v. Clark County, Kentucky, 2016 U.S. App. LEXIS 22995 (6th Cir. Dec. 19, 2016).*