CA6: Arrest on a PV warrant permits search incident

A parole violation warrant permits a search incident to the arrest. United States v. Henderson, 2024 U.S. App. LEXIS 362 (6th Cir. Jan. 4, 2024) (applying Michigan law) (and after all, the defendant’s going to jail).

Stopping with the front wheels pointed out from the curb, tinted windows, and nervousness was not reasonable suspicion. Suppressed. United States v. Yates, 2024 U.S. Dist. LEXIS 2934 (N.D. Cal. Jan. 5, 2024).*

Defendant’s Franks challenge fails. “Anderson has done a laudable job of uncovering mistakes and incorrect information contained in the search warrant affidavit as well as omitted information he believes is material and should have been included. The Government argues that the Defendant’s method of isolating pieces of evidence in the affidavit and attacking the sufficiency of each piece of evidence individually ignores the totality of the circumstances analysis that governs the probable cause determination.” “The Court agrees with the Government that TFO Compton interpreted the facts as they were observed and drew reasonable conclusions based on his training and experience in drug trafficking.” Denied. United States v. Anderson, 2024 U.S. Dist. LEXIS 2641 (N.D. Ind. Jan. 5, 2024).*

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