W.D.Pa.: SW for premises for “other evidence of distribution” of drugs permitted search of def’s pockets

The search warrant was for “drugs, drug paraphernalia, owe sheets, cell phones, firearms, stolen merchandise, or other evidence of distribution of a controlled substance.” That permits a search of defendant’s pockets, and the cash found there was subject to potential forfeiture or was evidence of drug trafficking. United States v. Burrows, 2018 U.S. Dist. LEXIS 26523 (W.D. Pa. Feb. 20, 2018).

Defense counsel raised the search issue before trial and lost and it wasn’t appealed. In his 2255, he apparently rephrased the argument a bit, but it still fares no better. Defense counsel wasn’t ineffective not pursuing an appeal of a losing issue. Rhodes v. United States, 2018 U.S. Dist. LEXIS 26587 (E.D. Mo. Feb. 20, 2018).*

The trial court’s satellite based monitoring order is reversed for lack of findings. State v. Moore, 2018 N.C. App. LEXIS 150 (Feb. 20, 2018).*

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