There was a kitchen fire in defendant\u2019s home, and firefighters told the police that there were unsecured handguns in the house. A police aide entered the house without a warrant and took them. The government argues the house was abandoned at that time, but it wasn\u2019t. The fire was out and an \u201call clear\u201d was given, and the aide\u2019s entry was 39 minutes later. The entry without a warrant violated the Fourth Amendment. United States v. Mann, 2023 U.S. Dist. LEXIS 188402 (D.N.M. Oct. 19, 2023).<\/p>\n\n\n\n
Defendant\u2019s motion to suppress the warrant here only expresses a desire to cross examine the author of the affidavit without alleging a prima facie violation of the Fourth Amendment. Denied. United States v. Winters, 2023 U.S. Dist. LEXIS 188438 (N.D. Ohio Oct. 19, 2023).*<\/p>\n\n\n\n
2255 petitioner\u2019s attempted amendment four years after the SoL expired to add a Fourth Amendment ineffective assistance of counsel was futile. United States v. Jackson, 2023 U.S. Dist. LEXIS 188473 (E.D. Ky. Oct. 18, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
There was a kitchen fire in defendant\u2019s home, and firefighters told the police that there were unsecured handguns in the house. A police aide entered the house without a warrant and took them. The government argues the house was abandoned … Continue reading