{"id":3682,"date":"2010-09-06T19:54:50","date_gmt":"2009-12-31T00:09:39","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-27T08:03:46","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3682","title":{"rendered":"M.D.Pa.: Brady<\/em> applies to suppression hearings"},"content":{"rendered":"

The fact defendant was dealing drugs from her former residence justifies the conclusion that she would be dealing drugs from her current residence. The affidavit for the search warrant showed probable cause. Impeachment evidence under Brady<\/a> should have been turned over to the defense before the suppression hearing. In this case, however, it would not make a difference in the outcome. United States v. Best, 2009 U.S. Dist. LEXIS 119802 (M.D. Pa. December 23, 2009).*<\/p>\n

Defendant was overheard being told by his brother to bring \u201csnow bunny\u201d into a prison visit as USP-Pollock so his brother could barter for protection. Thus, the prison officials had reasonable suspicion for him when he showed up. Defense counsel was, thus, not ineffective for not challenging his search. United States v. Morris, 2009 U.S. Dist. LEXIS 119766 (W.D. La. October 6, 2009).*<\/p>\n

Defendant\u2019s car was stopped with probable cause to believe he was involved in theft, and the stolen property was seen in the car. The stop was thus not governed by the search incident doctrine under Gant. Once the stolen property was found, the officers were not obligated to stop searching. United States v. Southerland, 2009 U.S. Dist. LEXIS 119851 (E.D. N.C. November 13, 2009) (USMJ R&R)*, adopted United States v. Southerland, 2009 U.S. Dist. LEXIS 119844 (E.D. N.C. December 22, 2009) (USDJ).* [The USMJ applied the \u201cgood faith exception\u201d to Gant, but the USDJ didn\u2019t even mention if, or have to.]<\/p>\n

Defense counsel was not ineffective for not challenging a protective sweep of defendant\u2019s premises after a stand-off with police there. United States v. Jennings, 2009 U.S. Dist. LEXIS 119767 (W.D. La. December 23, 2009).*<\/p>\n

Officers had reasonable suspicion to stop defendant when he was seen unconscious or asleep in his car in a middle school parking lot with his pants down. People v. Barrus<\/a>, 232 P.3d 264 (Colo. App. 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-3682","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3682","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=3682"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3682\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3682"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3682"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3682"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}