Defendant attached an unsigned copy of a search warrant to his \u00a7 2255. Even assuming that the search warrant used in the case was unsigned, that is not a per se constitutional error because it does not prove that the judge did not consider and issue the warrant. Beard v. United States, 2011 U.S. Dist. LEXIS 20161 (W.D. Mich. February 28, 2011).*<\/p>\n
Defendant\u2019s \u00a7 2255 argument that his defense counsel failed to renew his Fourth Amendment challenges is moot because the Fourth Amendment challenges were appealed. Pitcher v. United States, 2011 U.S. Dist. LEXIS 19716 (E.D. N.Y. February 28, 2011).*<\/p>\n
\u201c[E]ven if the agent\u2019s statements had been knowingly and intentionally false, that circumstance would not negate probable cause\u201d; therefore, Franks<\/a> hearing denied. United States v. Tomkins, 2011 U.S. Dist. LEXIS 19793 (N.D. Ill. February 28, 2011).*<\/p>\n The CI\u2019s statement provided timely information and was corroborated, so there was probable cause under Gates<\/a>. United States v. Shearer, 2011 U.S. Dist. LEXIS 19499 (E.D. N.C. January 21, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading