CA9: Officer stopping to check on an already stopped motorcycle wasn’t a seizure

Defendant’s motorcycle was already stopped on the side of the road. The officer pulling up to check on him wasn’t a seizure. United States v. Melgoza, 2024 U.S. App. LEXIS 8384 (9th Cir. Apr. 8, 2024).

FISA warrants have a presumption of validity [just like search warrant]. “While Ramic does not seek a Franks hearing at this time, his motion seeks disclosure of FISA materials to permit the filing of a motion to suppress.” United States v. Ramic, 2024 U.S. Dist. LEXIS 62939 (W.D. Ky. Apr. 5, 2024).*

Defendant fails his Franks burden, and the warrant wasn’t stale. United States v. Wheeler, 2024 U.S. Dist. LEXIS 63002 (S.D. Ohio Apr. 5, 2024).*

2255 petitioner’s claim that defense counsel didn’t properly investigate “custody” for Miranda purposes is denied. Custody was litigated and no prejudice shown. United States v. Johannssen, 2024 U.S. Dist. LEXIS 63291 (D. Neb. Apr. 5, 2024).*

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