CA5: Home visitation and search condition not unreasonable (plain error review)

Defendant challenged his home visitation condition under the Fourth Amendment on appeal without having objected below. It is reviewed for plain error, and it’s certainly not. United States v. Dominguez-Villalobos, 2019 U.S. App. LEXIS 23184 (5th Cir. Aug. 2, 2019).*

Petitioner is an incarcerated SVP under California law, waiting 13 years in litigation. The district court applied Younger abstention. The court of appeals, however, finds he fits within the “irreparable harm” exception that his probable cause claim hasn’t been fully adjudicated. Remanded. Page v. King, 2019 U.S. App. LEXIS 23194 (9th Cir. Aug. 2, 2019).*

This entry was posted in Abstention, Probation / Parole search. Bookmark the permalink.

Comments are closed.