{"id":29038,"date":"2017-08-30T19:49:10","date_gmt":"2017-08-31T00:49:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=29038"},"modified":"2017-09-16T19:51:38","modified_gmt":"2017-09-17T00:51:38","slug":"ca9-failure-to-cite-authority-for-overbreadth-in-motion-to-suppress-was-waiver-of-issue","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=29038","title":{"rendered":"CA9: Failure to cite authority for overbreadth in motion to suppress was waiver of issue"},"content":{"rendered":"<p>There was probable cause to search defendant\u2019s home for evidence of child sexual exploitation based on the statement of the victim and her mother. Defendant\u2019 overbreadth argument in the district court fails for not citing authority that it was overbroad; it is tantamount to waiver. (Treatise \u00a7 60.31) A fifteen day delay in searching defendant\u2019s truck for evidence of the crime also wasn\u2019t unreasonable. \u201cThe extent of the intrusion on Wilkinson&#8217;s possessory interest in the truck was minimal given the totality of the circumstances. The government had a legitimate interest in seizing and retaining the truck based on the likelihood that it was evidence of Wilkinson&#8217;s suspected crimes. The government&#8217;s course of conduct was reasonable.\u201d <a href=\"http:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2017\/08\/25\/16-30078.pdf\">United States v. Wilkinson<\/a>, 2017 U.S. App. LEXIS 16300 (9th Cir. Aug. 25, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>There was probable cause to search defendant\u2019s home for evidence of child sexual exploitation based on the statement of the victim and her mother. Defendant\u2019 overbreadth argument in the district court fails for not citing authority that it was overbroad; &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=29038\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-29038","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29038","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=29038"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29038\/revisions"}],"predecessor-version":[{"id":29039,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/29038\/revisions\/29039"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=29038"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=29038"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=29038"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}