CA9: Failure to cite authority for overbreadth in motion to suppress was waiver of issue

There was probable cause to search defendant’s home for evidence of child sexual exploitation based on the statement of the victim and her mother. Defendant’ overbreadth argument in the district court fails for not citing authority that it was overbroad; it is tantamount to waiver. (Treatise § 60.31) A fifteen day delay in searching defendant’s truck for evidence of the crime also wasn’t unreasonable. “The extent of the intrusion on Wilkinson’s possessory interest in the truck was minimal given the totality of the circumstances. The government had a legitimate interest in seizing and retaining the truck based on the likelihood that it was evidence of Wilkinson’s suspected crimes. The government’s course of conduct was reasonable.” United States v. Wilkinson, 2017 U.S. App. LEXIS 16300 (9th Cir. Aug. 25, 2017).

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