CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

Failure to deliver the whole search warrant to defendant violated Rule 41(f)(1)(C), but it wasn’t deliberate so no suppression. United States v. Manaku, 2022 U.S. App. LEXIS 16337 (9th Cir. June 14, 2022).

2254 petitioner’s ineffective assistance of counsel for not filing a motion to suppress can’t show that it would succeed. Willis v. Horton, 2022 U.S. App. LEXIS 16302 (6th Cir. June 13, 2022).*

“As to Marvin’s assertion that denial of his Medicaid benefits constituted an unconstitutional seizure, the district court properly determined that denial of his government benefit did not implicate the Fourth Amendment.” Marvin v. Peldunas, 2022 U.S. App. LEXIS 16345 (2d Cir. June 14, 2022).*

“While the detention was a seizure for Fourth Amendment purposes, it did not constitute custody for Miranda purposes ….” People v. Cabrera, 2022 NY Slip Op 03874, 2022 N.Y. App. Div. LEXIS 3789 (1st Dept. June 14, 2022).*

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