CA3: Scope of curtilage argument changed on appeal and thus waived

This case involved an argument about what is curtilage around a tent and firepit. Explosives were found outside this curtilage. On appeal, the scope of curtilage changed, and it’s waived. United States v. Madziarek, 2022 U.S. App. LEXIS 34076 (3d Cir. Dec. 12, 2022).

The exclusionary rule would not be applied to this warrant where the USMJ was advised of all the problems with a prior warrant and additional information was provided. The complete candor with the USMJ shows there’s no reason to grant exclusion. The officers did all they could, and the good faith exception applies. United States v. Hill, 2022 U.S. Dist. LEXIS 222813 (N.D. Cal. Dec. 9, 2022).

Defendant’s supervised release search was with reasonable suspicion. United States v. McReynolds, 2022 U.S. App. LEXIS 34043 (9th Cir. Dec. 9, 2022).*

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