Search of entire residence is permissible under a search warrant even though probable cause only extended to one occupant. Spending three hours looking for gambling records did not make the search a “general search.” Gun and stun gun found during search were thus considered in plain view. United States v. Graziano, 558 F. Supp. 2d 304 (E.D. N.Y. 2008).<\/p>\n
District Court erred in not considering the fundamental question of the totality of the circumstances surrounding consent. United States v. Holmes<\/a>, 270 Fed. Appx. 767 (11th Cir. 2008) (unpublished).*<\/p>\n “The fact remains that if Tommy Allen had been investigated, searched, prosecuted and arrested solely on the basis of his cultivation and possession of medicinal marijuana, no violation of a federal constitutional or statutory provision would have occurred. Federal law simply offers no protection to persons who possess, cultivate, or use marijuana for medicinal purposes.” So, his \u00a7 1983 fails. Allen v. Fresno City, 2008 U.S. Dist. LEXIS 22480 (E.D. Cal. March 20, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading