Defendant had no reasonable expectation of privacy in his brother’s bedroom where his gun was hidden by his brother. United States v. Koepnick, 2009 U.S. Dist. LEXIS 74147 (D. Idaho August 20, 2009).*<\/p>\n
Officer testified on direct that defendant apologized for not wearing his seatbeat, and that was the basis for the stop. The video of the stop did not support that, and he admitted on cross-examination that maybe he confused this stop with another. The court found the government failed to make its burden of proof. United States v. Williams, 2009 U.S. Dist. LEXIS 74597 (M.D. La. August 20, 2009).*<\/p>\n
A Texas magistrate who might not have technically been able to issue a search warrant did not create a Fourth Amendment violation. The warrant was clearly issued with PC and there was no contention that he was not neutral and detached. The warrant permitted seizure of drug evidence and anything else in violation of the law. In the context of this case, it was not impermissibly broad because the officers seized suspected contraband in plain view. Also, an ADA helped prepare the affidavit, and that counsels toward the good faith exception applying. United States v. Norsworthy, 2009 U.S. Dist. LEXIS 74234 (S.D. Tex. August 21, 2009).*<\/p>\n
Search warrant for child porn that included a 2001 videotape defendant made was not stale because possession was shown to be ongoing. United States v. Dennington, 2009 U.S. Dist. LEXIS 74372 (W.D. Pa. August 21, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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