S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

Defendant’s release condition of a firearm restriction and Fourth Amendment waiver because of a prior misdemeanor firearms conviction doesn’t violate the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Heller supports the court’s conclusion. United States v. Fencl, 2022 U.S. Dist. LEXIS 220973 (S.D. Cal. Dec. 7, 2022).

The stop started with a partial and reasonable mistake of fact, but real reasonable suspicion developed thereafter. United States v. Barrow, 2022 U.S. Dist. LEXIS 222085 (N.D. Tex. Dec. 8, 2022).*

“‘Either “direct observation” or “normal inferences” can support’ that officers objectively could reasonably believe that drugs were located in Thompson’s residence. … The affidavit set forth a confidential tip based off personal observation of large quantities of drugs and bulk currency that were seen on several occasions, an independent investigation by law enforcement that corroborated a number of facts, as well as a traffic stop that resulted in the discovery of marijuana. Officer Drace acted in objectively reasonable good-faith reliance upon the search warrant because the supporting affidavit was not ‘so lacking in indicia of probable cause to render official belief in its existence entirely unreasonable.’” United States v. Thompson, 2022 U.S. Dist. LEXIS 222094 (S.D. Miss. Dec. 9, 2022).*

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