The trial court erred in suppressing the telephonic search warrant for defendant’s blood. Even if the PBT was unconstitutional, there was both probable cause and exigent circumstances without even considering it. State v. Sample, 134 Nev. Adv. Op. 23, 2018 Nev. LEXIS 24 (Apr. 7, 2018).
Defendant’s current 2255 was but a successive petition raising the same issues as his original 2255, and it’s denied as a successor petition. United States v. Bacon, 2018 U.S. Dist. LEXIS 57831 (S.D. Tex. Apr. 5, 2018).*