NY Co.: Failure to execute SW in ten days voids it

The search warrant wasn’t executed within 10 days as required by statute where it had to be returned to the court if not. Suppressed. People v. Tonner, 2022 NY Slip Op 50175(U), 2022 N.Y. Misc. LEXIS 833 (N.Y. Co. Feb. 25, 2022) (unpublished).

Defendant’s ineffective assistance of counsel claim on a Fourth Amendment issue is denied because the issue is meritless. CoA denied on this issue. Jones v. Fla. Dep’t of Corr., 2022 U.S. App. LEXIS 6011 (11th Cir. Mar. 8, 2022).*

Plaintiff complains his prison strip search violated the Fourth Amendment because it was viewed by a female guard. The defense disputes that. Be that as it may, that doesn’t make it unreasonable even if it happened that way. Hernandez v. McDowell, 2022 U.S. Dist. LEXIS 40203 (C.D.Cal. Jan. 24, 2022).*

The protective sweep of defendant’s house was reasonable. United States v. Dailey, 2022 U.S. Dist. LEXIS 40721 (E.D.Mo. Feb. 18, 2022).*

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