{"id":54158,"date":"2023-01-29T15:47:23","date_gmt":"2023-01-29T20:47:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54158"},"modified":"2023-01-29T15:47:23","modified_gmt":"2023-01-29T20:47:23","slug":"wy-in-felony-domestic-battery-case-state-showed-nexus-that-evidence-could-likely-be-found-in-defs-journal","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54158","title":{"rendered":"WY: In felony domestic battery case, state showed nexus that evidence could likely be found in def&#8217;s journal"},"content":{"rendered":"\n<p>Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the warrant showed nexus and reason to believe that the journal would contain evidence of the crime. <a href=\"https:\/\/documents.courts.state.wy.us\/Opinions\/Kreusel%20S-22-0135.pdf\">Kreusel v. State<\/a>, 2023 WY 9, 2023 Wyo. LEXIS 9 (Jan. 27, 2023).<\/p>\n\n\n\n<p>&#8220;\u2019[C]ourts have previously determined that delays of 10 months, or more, in reviewing electronic data are not per se unreasonable, even when the government does not furnish a basis for the delay in searching electronic data.\u2019 Estime, 2020 U.S. Dist. LEXIS 191242, 2020 WL 6075554, at <em>14 (collecting cases).\u201d This delay was less and wasn\u2019t unreasonable. United States v. Alexandre, 2023 U.S. Dist. LEXIS 13801 (S.D.N.Y. Jan. 26, 2023).<\/em><\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging the search incident of the car for a gun when he was a felon in possession. Those facts are shown by the plea agreement and the PSR. Johnson v. United States, 2023 U.S. Dist. LEXIS 13426 (E.D. Mo. Jan. 26, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54158\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5,38,26,8],"tags":[],"class_list":["post-54158","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-nexus","category-search-incident","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54158","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=54158"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54158\/revisions"}],"predecessor-version":[{"id":54159,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54158\/revisions\/54159"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54158"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54158"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54158"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}