Daily Archives: February 12, 2023

N.D.Miss.: Geofence warrant approved in 2018 USPS truck robbery

A geofence warrant is sustained on probable cause and particularity in a post office truck robbery where the driver was beaten in United States v. Smith, 2023 U.S. Dist. LEXIS 22944 (N.D. Miss. Feb. 10, 2023). While some later steps … Continue reading

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E.D.Va.: No 4A right to notice before a search occurs; state search law inapplicable in federal court

Defendant’s Fourth Amendment claim is that he was given no notice that his phones had been searched, citing Virginia law, which is irrelevant in a federal prosecution, even though state officials did all the searching. There’s no constitutional right to … Continue reading

Posted in Ineffective assistance, Informant hearsay, Reasonableness, Waiver, Warrant execution | Comments Off on E.D.Va.: No 4A right to notice before a search occurs; state search law inapplicable in federal court

D.N.M.: A lesson in proving nexus for a SW for a house for evidence of a shooting incident happening elsewhere

A lesson in proving nexus for a search warrant for a house in a shooting incident elsewhere. United States v. Coriz, 2023 U.S. Dist. LEXIS 22857 (D.N.M. Feb. 10, 2023).* All warrant affidavits should be this good, and you can’t … Continue reading

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