Daily Archives: June 3, 2022

E.D.Tenn.: Finding ammo not matching seized firearm justifies further search

Officers finding ammunition from a different caliber gun than the one found justifies a further search. United States v. Berry, 2022 U.S. Dist. LEXIS 98684 (E.D.Tenn. May 3, 2022), adopted, 2022 U.S. Dist. LEXIS 98639 (E.D.Tenn. June 2, 2022). Plaintiff’s … Continue reading

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D.Iowa: CA8 probably wouldn’t adopt CA5’s private search foreseeability element

A foreseeability requirement in the private search doctrine, apparently applicable in the Fifth Circuit is not followed in this district court in the Eighth Circuit. United States v. Hayes, 2022 U.S. Dist. LEXIS 98528 (D.Iowa June 2, 2022):

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D.Ore.: Officer can be cross-examined at trial on his SW affidavit

The government’s motion in limine against crossing the IRS agent on his search warrant affidavit is denied. The search has already been litigated, and defendant can’t use this as a “mini-Franks hearing.” The government can object if it goes far … Continue reading

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CA3: Customs searches occur to and from VI; here bag was put into baggage claim to see who claimed it

Customs can search bags coming to and from the Virgin Islands. Here, bags on an airplane were searched and it was returned to baggage claim to see who picked it up, and that was reasonable. United States v. Forde, 2022 … Continue reading

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