CA9: Police participation in a probation search didn’t make it unreasonable

Homeland Security Investigations participating in a probation search did not make it unreasonable. United States v. Johnson, 2022 U.S. App. LEXIS 11999 (9th Cir. May 3, 2022).

Defendant claims a Franks violation from a single misstatement in the affidavit for warrant in this homicide case which related to background information and not the killing itself. Denied. There was also sufficient information for probable cause for the warrants. In any event, the good faith exception applies. United States v. Beard, 2022 U.S. Dist. LEXIS 79786 (N.D.Tex. May 2, 2022).*

Defendant’s license plate being out was justification for his stop. It was shown on the bodycam. On the totality, he was not in custody for Miranda purposes when he admitted to having a gun. “Similarly, the Street factors indicate Shutt’s detention during questioning about the firearm was more like a Terry stop (albeit on the more intrusive end of one) than a formal arrest.” United States v. Shutt, 2022 U.S. Dist. LEXIS 80011 (N.D.Ala. Apr. 13, 2022),* adopted, 2022 U.S. Dist. LEXIS 79988 (N.D.Ala. May 3, 2022).*

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