CA9: Omission of 4A probation search waiver from wiretap application didn’t mean anything

Omitting the fact defendant was subject to a search waiver wasn’t material to a wiretap application. It’s omission from the wiretap affidavit didn’t matter. United States v. Rodriguez, 2017 U.S. App. LEXIS 4429 (9th Cir. March 14, 2017).

Defendant couldn’t raise his Fourth Amendment claim in a 2255 without showing that he had no full and fair opportunity to raise that claim originally in the district court. Here there was a motion to suppress that touched on this issue, so defendant fails his burden. Sermon v. United States, 2017 U.S. Dist. LEXIS 35412 (W.D. Tenn. March 13, 2017).*

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