Defendant had been effectively seized for Miranda purposes when he made incriminating statements about marijuana in his car, so his statements are suppressed. There was PC for his stop for speeding. United States v. $43,584.00 in United States Currency, 2009 U.S. Dist. LEXIS 28720 (D. Neb. April 3, 2009).*<\/p>\n
On the question of coerced third party consent by a threat to get a search warrant, the government is allowed an opportunity to show what the probable cause was at the time the consent was given. United States v. Newman, 2009 U.S. Dist. LEXIS 28702 (W.D. Wis. April 3, 2009).*<\/p>\n
The particularity of the search warrant was sufficient, and the officer’s familiarity with the property “obviated likelihood that another premises may have been mistakenly searched.” United States v. May, 2009 U.S. Dist. LEXIS 28588 (W.D. N.C. April 3, 2009)*:<\/p>\n
When these documents are properly considered together, the resulting description of the property to be searched is particular enough “to enable the executing officer to locate and identify the premises with reasonable effort.” United States v. Durk, 149 F.3d 464, 465 (6th Cir. 1998) (quoting United States v. Gahagan, 865 F.2d 1490, 1496 (6th Cir. 1989)); see also United States v. Owens, 848 F.2d 462, 463 (4th Cir. 1988). Further, the officer’s familiarity with the premises to be searched obviated the likelihood that another premises may have been mistakenly searched. See Durk, 149 F.3d at 465. Because the warrant satisfied the particularity requirements of the Fourth Amendment, and was otherwise valid, this court need not reach the question of whether the good faith exception would apply to this case.<\/p><\/blockquote>\n
In a Kern County, California strip search case, the court finds that group strip searches were unreasonable under the Fourth Amendment. Inmates ordered released as a result of court appearances should not be strip searched when they return to the jail for processing out. Lopez v. Youngblood, 609 F. Supp. 2d 1125 (E.D. Cal. 2009).<\/p>\n","protected":false},"excerpt":{"rendered":"
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