For defense lawyers wondering about the increase in searches of legal mail, this case involved a search warrant of the house of someone suspected to sending in drug laced fake legal papers into federal prisons. Barker v. United States, 2022 U.S. Dist. LEXIS 133681 (N.D.W.Va. July 27, 2022).
Two years after a seizure, a Bivens claim for recovery of property was filed. It was properly dismissed for failure to state a claim. The search warrant isn’t even challenged for lack of probable cause. Fosnight v. Jones, 2022 U.S. App. LEXIS 20743 (7th Cir. July 27, 2022).*
The smell of marijuana from a car during a valid traffic stop is probable cause. Here, the passenger in the back seat admitted he was carrying, too. State v. Mitchell, 2022-Ohio-2564, 2022 Ohio App. LEXIS 2423 (1st Dist. July 27, 2022).*
“When executing the search warrant, the police located the guns and drugs. … A defense motion to suppress would have been frivolous. Thus, counsel was not ineffective in failing to file one or in failing to get the person’s name from the traffic stop.” No CoA either. McNeil v. United States, 2022 U.S. Dist. LEXIS 133596 (E.D.N.C. July 27, 2022).*