Daily Archives: April 17, 2023

C.D.Cal.: Mere seizure of a firearm not per se a 2A violation

“‘The mere occurrence of a firearm seizure during a traffic stop, however, is not enough to establish a Second Amendment violation. Police seize and confiscate firearms routinely, and this Court will not presume that each and every one of those … Continue reading

Posted in Burden of pleading, Reasonable suspicion, Reasonableness, Seizure | Comments Off on C.D.Cal.: Mere seizure of a firearm not per se a 2A violation

D.P.R.: Mere presence of FBI at USPO search didn’t make PO ‘stalking horse’

Mere presence of FBI and other law enforcement officers at USPO’s search based on reasonable suspicion did not make the PO a “stalking horse” for the police. United States v. Borges-Sánchez, 2023 U.S. Dist. LEXIS 66017 (D.P.R. Apr. 14, 2023). … Continue reading

Posted in GPS / Tracking Data, Nexus, Probation / Parole search, Unreasonable application / § 2254(d) | Comments Off on D.P.R.: Mere presence of FBI at USPO search didn’t make PO ‘stalking horse’