E.D.Cal.: PC affidavit for extradition ordered unsealed as a public record

The probable cause affidavit for defendant’s extradition to Iraq for murder is ordered unsealed. There no longer is any justification for keeping it sealed and not a public judicial record. The prior reasons for sealing it no longer exist. In re Ameen, 2021 U.S. Dist. LEXIS 214987 (E.D.Cal. Nov. 5, 2021).

“On appeal, Nasir simply asserts, without specifying the legal framework for analysis, that there was no probable cause to search the SUV. We conclude that the District Court correctly approached the issue as being a search incident to arrest. Even when, like Nasir, an arrestee is detained and not within reach of his vehicle, the police may conduct ‘a search incident to a lawful arrest when it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle.’ Gant, 556 U.S. at 343 (citation and internal quotation marks omitted). Whether viewed as a question of probable cause to arrest Nasir or probable cause to search the SUV under the automobile exception, however, the pertinent facts and the outcome are the same.” United States v. Nasir, 2021 U.S. App. LEXIS 33109 (3d Cir. Nov. 8, 2021).*

This entry was posted in Search incident, Warrant papers. Bookmark the permalink.

Comments are closed.