S.D.Fla.: PC for constructive possession shown; def doesn’t have to handle firearm in video

There was probable cause for defendant’s constructive possession of a firearm. The government didn’t have to show he was in actual possession for probable cause. He also presumably knew he had a prior conviction to support his being a felon in possession. United States v. Arcurms, 2021 U.S. Dist. LEXIS 138384 (S.D.Fla. July 23, 2021).*

Plaintiff doctor’s complaint against Blue Cross “is more than one thousand paragraphs long and includes sixty-four claims against IBC.” His Fourth Amendment claim is rejected because Blue Cross is not a state actor. Anand v. Independence Blue Cross, 2021 U.S. Dist. LEXIS 138414 (E.D.Pa. July 23, 2021).*

Defense counsel wasn’t ineffective for not filing a motion to suppress he found frivolous and which defendant can’t show would have been granted. And, there was no prejudice at trial even. Vereen v. United States, 2021 U.S. Dist. LEXIS 138494 (M.D.Fla. July 23, 2021).*

Defendant’s consent to search a vehicle included hidden compartments, here a speaker box. Here, the speaker box itself was suspicious because it wasn’t wired and screws were missing. United States v. Romero, 2021 U.S. Dist. LEXIS 138655 (W.D.Ark. June 28, 2021).*

Not a search issue but interesting: After a prompt taking of samples, defendant’s saliva was found on the child victim’s labia thus corroborating outcry evidence. His DNA was obtained by search warrant. Sanchez v. State, 2021 Tex. App. LEXIS 5923 (Tex. App. – Amarillo July 26, 2021) (unpublished).*

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