{"id":58348,"date":"2024-07-15T14:51:38","date_gmt":"2024-07-15T19:51:38","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58348"},"modified":"2024-07-15T14:51:38","modified_gmt":"2024-07-15T19:51:38","slug":"w-d-wis-jurisdictional-issue-in-sw-wasnt-enough-to-suppress-here","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58348","title":{"rendered":"W.D.Wis.: Jurisdictional issue in SW wasn&#8217;t enough to suppress here"},"content":{"rendered":"\n<p>In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court\u2019s jurisdiction. Defendant disputes that this investigation was not that, but it\u2019s close enough. Even if the officers were mistaken, the court won\u2019t suppress an otherwise valid warrant for this mistake. United States v. Morgan, 2024 U.S. Dist. LEXIS 120864 (W.D. Wis. June 5, 2024), adopted, 2024 U.S. Dist. LEXIS 119580 (W.D. Wis. July 9, 2024).<\/p>\n\n\n\n<p>Defense counsel didn\u2019t raise a Bond issue on lifting a suitcase to see how heavy it was, and this wasn\u2019t ineffective assistance of counsel. \u201cDefense Counsel either had not thought of this theory at the time, or having thought of it, had decided not to pursue it. As the record shows Defense Counsel&#8217;s conduct was reasonable at the time, the Court rejects Mr. Fernandez&#8217;s contrary, distorted-by-hindsight, reasoning.\u201d Bond involved squeezing the luggage, not lifting it, and that\u2019s a difference. Fernandez v. United States, 2024 U.S. Dist. LEXIS 121384 (D.N.M. July 10, 2024).*<\/p>\n\n\n\n<p>On a motion to reconsider, there was ample probable cause from the historical facts to justify the search. United States v. Reyes-Valdez, 2024 U.S. Dist. LEXIS 120725 (E.D. Pa. July 10, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court\u2019s jurisdiction. Defendant disputes that this investigation was not that, but it\u2019s close enough. Even if the officers were mistaken, the court won\u2019t suppress an &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58348\">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":[14,11,23,91,20,16],"tags":[],"class_list":["post-58348","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-good-faith-exception","category-ineffective-assistance","category-neutral-and-detached-magistrate","category-probable-cause","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58348","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=58348"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58348\/revisions"}],"predecessor-version":[{"id":58349,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58348\/revisions\/58349"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58348"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58348"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58348"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}