{"id":3306,"date":"2010-03-23T09:13:21","date_gmt":"2009-08-08T11:13:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-08-08T11:13:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3306","title":{"rendered":"CA6: Is planting drugs a Fourth Amendment violation?  Interesting question, but it doesn&#8217;t have to be answered, yet"},"content":{"rendered":"<p>Plaintiff claimed that planting of drugs in a public place violated his Fourth Amendment rights, which here it wasn\u2019t. The court leaves open the question whether a Fourth Amendment violation could occur in a different context.  <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/09a0533n-06.pdf\">Papierz v. Jackson<\/a>, 339 Fed. Appx. 587, 2009 FED App. 0533N (6th Cir. 2009) (unpublished).*<\/p>\n<p>That defendant\u2019s consent was valid was obvious, and defense counsel could not be ineffective for not challenging it.  United States v. Bowden, 2009 U.S. Dist. LEXIS 67526 (W.D. Mich. July 30, 2009).*<\/p>\n<p>Motion to suppress that failed to articulate a ground was summarily denied. United States v. Smith, 2009 U.S. Dist. LEXIS 67672 (D. Minn. July 10, 2009).*<\/p>\n<p>Just because a piece of testimony pointed out in a brief was not discussed in the USMJ\u2019s R&amp;R did not mean that it was not considered.  The court was on notice, so it is assumed that it was considered.  United States v. Todd, 2009 U.S. Dist. LEXIS 68240 (W.D. N.Y. August 5, 2009).*<\/p>\n<p>Defendant was given access to his records, so his motion for return of records under Rule 41(g) was denied. United States v. Geekie, 2009 U.S. Dist. LEXIS 67770 (C.D. Ill. August 4, 2009).*<\/p>\n<p>Government showed that defendant\u2019s consent to enter to look for a person that turned into a continuation search for drugs was voluntary. United States v. Todd, 2009 U.S. Dist. LEXIS 68242 (W.D. Tex. May 1, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3306\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3306","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3306","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3306"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3306\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3306"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3306"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3306"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}