{"id":5929,"date":"2012-03-14T09:37:58","date_gmt":"2011-08-22T12:22:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-08-22T12:22:21","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5929","title":{"rendered":"S.D.N.Y.: <em>Franks<\/em> challenge way off the mark"},"content":{"rendered":"<p>Defendant\u2019s Franks claim is denied [and utterly frivolous]. Just because he disclaimed the premises when he was booked in on his \u201cPrisoner Pedigree Card\u201d and the officer failed to mention it [if he knew it], that is essentially meaningless here because USPIS developed all kinds of information linking him to the place searched in the warrant that was more than probable cause. And, even purging the questioned information leaves a wealth of PC for the search warrant. United States v. Swain, 2011 U.S. Dist. LEXIS 92639 (S.D. N.Y. August 16, 2011).*<\/p>\n<p>A Rule 41(g) motion for return of property after completion of the criminal case is treated as a civil case, and newly discovered evidence must be presented in one year. This was not timely. United States v. Rodriguez, 2011 U.S. Dist. LEXIS 92313 (E.D. Pa. August 18, 2011).*<\/p>\n<p>There is no right to be free from unreasonable search while a prison inmate. Crozier v. Endel, 447 Fed. Appx. 861 (9th Cir. 2011).*<\/p>\n<p>During a traffic stop, the officer saw what could only be a marijuana blunt on the center console, and that justified reaching in for it. It was not just his subjective belief it was a blunt; it was objectively reasonable. United States v. Massenberg, 2011 U.S. Dist. LEXIS 92744 (E.D. N.C. August 17, 2011), R&amp;R 2011 U.S. Dist. LEXIS 92667 (E.D. N.C. July 19, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5929\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-5929","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5929","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=5929"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5929\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5929"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5929"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5929"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}