{"id":3297,"date":"2010-03-23T08:58:36","date_gmt":"2009-08-05T07:37:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-08-05T07:37:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3297","title":{"rendered":"CA8: Due process rights were not violated by former attorney preparing search warrant issued by neutral and detached magistrate"},"content":{"rendered":"

The defendant’s due process rights were not violated by the fact that an attorney who had represented him in a child custody matter drafted a search warrant for child porn in his house. There is no showing that, as a result of the attorney’s actions, the search warrant would not have issued had another person been involved. A neutral and detached magistrate still issued the warrant. United States v. Summage<\/a>, 575 F.3d 864 (8th Cir. 2009):<\/p>\n

To demonstrate a violation of due process, a defendant must establish that he was actually and substantially prejudiced. United States v. Gladney, 474 F.3d 1027, 1030 (8th Cir. 2007). Summage has failed to establish, or even allege, that he was prejudiced by Walton’s actions. He does not claim that Walton improperly used any information gleaned from her firm’s prior representation of him. Furthermore, although Walton presented the application for the search warrant, an independent magistrate judge issued the search warrant. Summage does not suggest that the magistrate judge was biased or acted inappropriately in issuing the search warrant. Summage also has not shown that, had the application been presented by a different assistant county attorney, the magistrate judge would not have issued the search warrant. Cf. Hunt v. Houston, 563 F.3d 695, 704 (8th Cir. 2009) (stating, in a habeas challenge under 28 U.S.C. \u00a7 2254, “[t]o demonstrate prejudice, [a party] must show a reasonable probability that, but for the alleged constitutional violations, the result of the proceeding would have been different”); …. Accordingly, we conclude that Summage’s due process rights were not violated.<\/p><\/blockquote>\n

Arrest of one 14 year old girl on suspicion of robbery was unjustified because the facts were lacking. They had PC as to the person she was sitting with because three people said she looked like one of the robbers. Sherouse v. Ratchner<\/a>, 573 F.3d 1055 (10th Cir. 2009).*<\/p>\n

Defendant had no reasonable expectation of privacy in his trash which was not on the curtilage at the time of the seizure. United States v. Timley<\/a>, 338 Fed. Appx. 782 (10th Cir. 2009) (unpublished).*<\/p>\n

Police were making their presence known in an area known for being high-crime. They encountered defendant and asked where he was going. He said “to my girl’s house.” They asked where that was, and he repeated “to my girl’s house” each time he was asked. The officer started to get out of the car and defendant fled. He had not been “stopped” at the time he fled. United States v. Smith, 575 F.3d 308 (3d Cir. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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