E.D.Wis.: Reasonable fear def was burning stolen mail was sufficient for officers to approach burn pit

Officers had probable cause for defendant, a part time postal worker, for stealing mail, and they surveilled his house and property. They saw a fire in burn pit, and they were concerned it was stolen mail, so they entered. They decided to freeze the area to get a search warrant. One officer looked in defendant’s car. The parties are directed to brief inevitable discovery whether a warrant would be sought and obtained. United States v. Crawford-Stark, 2019 U.S. Dist. LEXIS 213629 (E.D. Wis. Dec. 10, 2019).*

“Green’s argument does not satisfy the requirements for authorizing him to file a second or successive § 2255 motion. First, Green’s argument that the district court lacked jurisdiction to rule on the constitutionality of the state actors’ conduct with respect to the search of his home does not rely on newly discovered evidence sufficient to establish that no reasonable factfinder would have found him guilty of the charged offenses. See 28 U.S.C. § 2255(h)(1).” Green v. United States, 2019 U.S. App. LEXIS 36690 (6th Cir. Dec. 11, 2019).*

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