Seizure of a \u201cgo-fast\u201d boat in international waters without markings, flags, or registry papers is not subject to the Fourth Amendment. United States v. Nueci-Pena, 2008 U.S. Dist. LEXIS 112345 (D. P.R. February 20, 2008):<\/p>\n
Second, even if the treaty applies to this case, a defendant charged under MLEA “does not have standing to raise a claim of failure to comply with international law as a basis for a defense,” and such a failure “does not divest a court of jurisdiction.” 46 U.S.C. \u00a7 70505. Moreover, to the extent that defendants suggest the seizure of the vessel was unreasonable in violation of the Fourth Amendment, that argument must fail, since “it is pellucid that the Fourth Amendment does not apply to the search of non-resident aliens on a ship in international waters.” United States v. Vilches-Navarrette, 413 F. Supp. 2d 60, 69 (D.P.R. 2006), citing United States v. Verdugo-Urquidez, 494 U.S. 259, 267, 110 S. Ct. 1056, 108 L. Ed. 2d 222 (1990).<\/p><\/blockquote>\n
Pre-Gant search incident was valid. The officer smelled marijuana when he stopped the defendant\u2019s car and he could see it with his flashlight. United States v. Cole, 2010 U.S. Dist. LEXIS 18018 (D. V.I. March 1, 2010).*<\/p>\n
A firearm found during execution of a valid search warrant was in plain view and it would be temporarily secured. It was also referenced in a black binder which was looked at which defendant claimed attorney-client privilege because it contained some legal matters, but the court found the binder not privileged information. The material in the binder gave separate cause to seize the firearm. United States v. Patel, 2010 U.S. Dist. LEXIS 17548 (M.D. Ala. February 26, 2010), USMJ\u2019s R&R, United States v. Patel, 2009 U.S. Dist. LEXIS 125347 (M.D. Ala. April 1, 2009).*<\/p>\n
Defendants carrying a bag of cash in a motel room, avoiding security cameras, and refusing room service was reasonable suspicion. United States v. Molodtsova, 2010 U.S. Dist. LEXIS 17600 (D. Vt. February 25, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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