The search warrant had a 180 day computer search time limit that was violated. The government concedes suppression. United States v. Swenson, 2014 U.S. Dist. LEXIS 3286 (D. Idaho January 8, 2014).<\/p>\n
Defendant was sort of separated from his wife, but he spent about half the time there in the last month. \u201cDefendant’s status is perhaps most accurately characterized as straddling the line between co-occupant and an overnight guest. At the very least, he was lawfully in the apartment as an overnight guest on the night in question. In light of the above body of Fourth Amendment precedent, I find that Defendant therefore had a constitutionally protected reasonable expectation of privacy.\u201d On the question of consent, the court credits the officers. \u201cI find the testimony of Ms. Bradley-Alcorn to be almost wholly incredible. In order to credit her version of events, I would have to accept a level of situational awareness on the part of the officers that borders on prescience.\u201d United States v. Alcorn, 2014 U.S. Dist. LEXIS 3918 (W.D. Va. January 13, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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