The search warrant for defendant’s dwelling included vehicles and “appurtenances” on the land. Defendant’s vehicle and camper were about 100′ from the dwelling, and the court finds they were not on the curtilage of the dwelling. Moreover, the good faith exception does not apply to their search. United States v. Gerdon, 2018 U.S. Dist. LEXIS 76787 (W.D. Okla. May 2, 2018).
Defense counsel wasn’t ineffective for not challenging the search that seized his guns allegedly in “violation of his God given right to bear Arms” if he chooses because he’s a felon in possession. While they weren’t on the search warrant, they were in plain view and the incriminating value was immediately apparent. Nóbrega v. United States, 2018 U.S. Dist. LEXIS 76406 (D. Me. May 7, 2018).*
The officer conducted a valid plain view. When he come up to the car window, he saw defendant gripping a TEC-9. United States v. Ziegler, 2018 U.S. Dist. LEXIS 76630 (D. Alas. May 7, 2018).*