N.D.Ga.: Pro forma objection to R&R doesn’t articulate argument, so it’s waived

Defendant didn’t fairly articulate his objections to the R&R, so his objection is waived. United States v. Hill, 2022 U.S. Dist. LEXIS 83707 (N.D.Ga. May 9, 2022).

There was probable cause for this search authorization, and the good faith exception applies in any event. United States v. Collins, 2022 CCA LEXIS 263 (A.F.Ct.Crim.App. May 6, 2022).*

The information here wasn’t stale on the totality. Recent events “refreshed” what the police previously knew. People v. Delgado, 2022 Cal. App. LEXIS 392 (2d Dist. May 6, 2022).*

This probation search was based on reasonable suspicion. United States v. Roberts, 2022 U.S. Dist. LEXIS 82285 (D.Del. May 6, 2022).*

The exclusionary rule does not apply in civil cases, here a statement suppressed in a criminal case. Cantrell v. Cantrell, 2022 Ala. Civ. App. LEXIS 45 (May 6, 2022).

The government’s motion to seal the warrant papers is granted. Lesser restrictive measures won’t work here. In re United States, 2022 U.S. Dist. LEXIS 82706 (D.S.C. Apr. 25, 2022).*

Defendant lacks standing in a vehicle he was just a passenger in, and Byrd doesn’t help him. United States v. Vargas, 2022 U.S. Dist. LEXIS 82859 (M.D.Pa. May 6, 2022).*

Defense counsel wasn’t ineffective for not raising a Fourth Amendment claim. Defendant can’t show prejudice for alleged lack of probable cause. There was probable cause. United States v. Li, 2022 U.S. Dist. LEXIS 82866 (M.D.Pa. May 6, 2022).*

“We conclude that Officer Vasquez did not violate Bustillos’s Fourth Amendment rights because Officer Vasquez had reasonable suspicion and probable cause to handcuff Bustillos. Bustillos’s challenge focuses on his right to record the officers’ encounter with the woman that day, but his argument misses the mark. The issue was not that Bustillos was recording the encounter-it was that he refused to comply with the officers’ lawful commands to leave the scene and provide his identification. Viewing the facts in the light most favorable to Bustillos, Officer Vasquez was in the lawful discharge of his duties when he and the other officers responded to calls regarding the woman with an “altered mental status” running in and out of traffic.” Bustillos v. City of Carlsbad, 2022 U.S. App. LEXIS 12407 (10th Cir. May 9, 2022).*

The report from a concerned citizen here sufficed to show probable cause. When the police arrived at the house to search, the addition of the claim that they could smell marijuana, too, doesn’t add anything because one can’t tell it was coming from the house. United States v. Thomas, 2022 U.S. Dist. LEXIS 83073 (D.Minn. Mar. 11, 2022).*

Defendant challenges the inclusion of information from a CI, but striking it still leaves probable cause, so it doesn’t matter. He also doesn’t make a proper Franks challenge. United States v. Phillips, 2022 U.S. Dist. LEXIS 83277 (E.D.Ky. May 9, 2022).*

This habeas applicant does not get a CoA for appeal. His habeas search claim is barred by Stone. Washington v. Superintendent Somerset SCI, 2022 U.S. App. LEXIS 12460 (3d Cir. Mar. 28, 2022).*

This entry was posted in Exclusionary rule, Franks doctrine, Ineffective assistance, Issue preclusion, Military searches, Probation / Parole search, Reasonable suspicion, Waiver. Bookmark the permalink.

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