W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

Defendant’s jail cell was subjected to a shakedown search, and it was reasonable. His claim of procedural due process safeguards come from civil cases and don’t apply. United States v. Arrington, 2022 U.S. Dist. LEXIS 142770 (W.D.N.Y. Aug. 10, 2022).

“Even if the defendant could carry his burden to show the warrant issued without probable cause, the government’s argument pursuant to Leon, 468 U.S. at 913, would carry the day.” United States v. Brown, 2022 U.S. Dist. LEXIS 141863 (S.D. Ga. July 19, 2022).*

“Considering the totality of the circumstances, the court finds that the August 7 affidavit provided sufficiently fresh information to suggest a fair likelihood that Defendant’s firearm would be found in the hotel room he was staying.” “Finally, Defendant asserts that the August 7 affidavit contained intentionally or recklessly made falsehoods, the absence of which would negate probable cause. In his motion, Defendant does little to develop this claim; instead, he waits until replying to the government’s response to clarify and include supporting evidence. As explained above, this is not proper. In any event, his argument lacks merit.” “As discussed above, the court finds that the August 7 search warrant was supported by probable cause. Even if the court had come to a different conclusion, the government has met its burden of showing that an objectively reasonable law enforcement officer would have reasonably relied on the warrant. Here, there was substantially more than some slight ‘modicum of evidence’ connecting evidence of the shooting with the hotel room where Defendant was staying.” United States v. Peterson, 2022 U.S. Dist. LEXIS 142667 (E.D. Mich. Aug. 10, 2022).*

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