N.D.Cal.: Reconsideration granted of suppression order to admit gun in a murder conspiracy

With apparent reluctance, the court grants the government’s motion to reconsider the grant of a motion to suppress a gun found in a backpack in the trunk of defendant’s car now linked to two homicides. The government could have raised inevitable discovery to begin with and didn’t. But it raises “manifest injustice” here. United States v. Chavez, 2018 U.S. Dist. LEXIS 150293 (N.D. Cal. Sep. 5, 2018). Sort of: “Oh, it’s a gun in a murder case, not just pot. Well, that’s different.” Prior opinion United States v. Chavez, 2018 U.S. Dist. LEXIS 107695 (N.D. Cal. June 26, 2018).

Officers were explaining search warrant procedures while they were waiting for one to come, and defendant made voluntary admissions without being questioned. United States v. Foxx, 2018 U.S. Dist. LEXIS 150558 (E.D.Ky. Sep. 5, 2018).*

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