Daily Archives: May 3, 2023

CA5: 4A doesn’t apply to a letter carrier

“In co-defendant Johnlouis’s case, our court upheld the denial of the motion to suppress because we determined that the letter carrier was ‘not a government actor to whom the Fourth Amendment applies.’ United States v. Johnlouis, 44 F.4th 331, 337 … Continue reading

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CA10: Def’s response ‘I don’t have a backpack’ was abandonment of the backpack

“Mr. Porter nonetheless attempts to distinguish this case from our other abandonment cases, claiming that in those cases, the defendant’s denial of ownership was clear and unequivocal. But it is hard to imagine a statement plainer than ‘I don’t have … Continue reading

Posted in Abandonment, Franks doctrine, Private search | Comments Off on CA10: Def’s response ‘I don’t have a backpack’ was abandonment of the backpack

D.V.I.: No REP against a flyover of a MJ grow

There was no objective reasonable expectation of privacy in a flyover of a marijuana grow operation. A warrant to flyover and photograph was not required. United States v. Soogrim, 2023 U.S. Dist. LEXIS 75183 (D.V.I. May 1, 2023). The court … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness | Comments Off on D.V.I.: No REP against a flyover of a MJ grow