The order to a motorist to lower his window is not a search, despite the fact the windows were heavily tinted and it made the interior more visible. Two pounds of cannabis on the car seat was probable cause for an automobile exception search. United States v. Stuckey, 2023 U.S. Dist. LEXIS 101278 (E.D. Cal. June 9, 2023).<\/p>\n\n\n\n
\u201cThe warrant satisfies the three criteria of the Fourth Amendment’s particularity requirement. It (1) identifies the \u2018specific offense\u2019 for which probable cause is established, unlawful possession of a firearm, (2) describes the property to be searched as the location for Whitehead’s alleged church and (3) specifies the types of evidence targeted by the search based on the alleged crime, including \u2018[e]vidence concerning occupancy or ownership\u2019 of the Brooklyn church and \u2018[f]irearms, ammunition, and firearms accessories.\u2019 See Purcell, 967 F.3d at 178. The warrant is not overbroad, as none of the descriptions are \u2018broader than can be justified by the probable cause upon which the warrant is based.\u2019 See id. at 179.\u201d United States v. Whitehead, 2023 U.S. Dist. LEXIS 100696 (S.D.N.Y. June 9, 2023).*<\/p>\n\n\n\n
Defendant failed to make his substantially preliminary showing for Franks. United States v. Wade, 2023 U.S. Dist. LEXIS 101206 (M.D. Ga. June 9, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The order to a motorist to lower his window is not a search, despite the fact the windows were heavily tinted and it made the interior more visible. Two pounds of cannabis on the car seat was probable cause for … Continue reading