E.D.Okla.: Housing authority’s warning of a pest inspection permitted under lease agreement amounts to no REP

The housing authority told plaintiff they were coming in for a pest inspection and did under the conditions of the lease. That was reasonable, and there was no violation of a reasonable expectation of privacy when the inspectors saw drugs. McVicker v. Muskogee Hous. Auth., 2024 U.S. Dist. LEXIS 181690 (E.D. Okla. Oct. 4, 2024).

Defendant charged with DUI on a federal installation. “The Court finds that, based on the totality of the circumstances, Blanchard did not consent to the blood test, and that no exigent circumstances justified the warrantless blood test. The results of the blood test must therefore be suppressed.” United States v. Blanchard, 2024 U.S. Dist. LEXIS 183059 (N.D. Cal. Oct. 2, 2024).*

“Even assuming that trial counsel’s failure to file a motion to suppress the DNA search warrant was objectively unreasonable, we agree with the Superior Court that Elder failed to establish prejudice. Elder asserted from the beginning that he had consensual sexual contact with the victim. The presence of Elder’s DNA on the victim was consistent with what he told the police and others. Elder failed to show that there is a reasonable probability the outcome would have been different had his trial counsel filed a successful motion to suppress the DNA evidence.” Elder v. State, 2024 Del. LEXIS 341 (Oct. 7, 2024).*

This entry was posted in Consent, Ineffective assistance. Bookmark the permalink.

Comments are closed.