D.Colo.: Four day delay in getting SW for seized car wasn’t unreasonable

The seizure of this car was with probable cause that a gun would be found in it. The four day delay in applying for a search warrant for the car was not unreasonable. As to standing, defendant transferred ownership of a BMW convertible to another, and he didn’t show a reasonable expectation of privacy in it after that. United States v. Tuttle, 2024 U.S. Dist. LEXIS 79798 (D. Colo. May 1, 2024).

Defendant’s car was totaled in a wreck. He was suspected of DWI and the car could be searched under inventory when removing it or searching it for evidence of the DWI. That state law might be different means nothing. “Unsurprisingly, every federal court of appeals agrees—state law plays no role in assessing the constitutional reasonableness of a Fourth Amendment search or seizure.” United States v. Vallez, 2024 U.S. Dist. LEXIS 78985 (D.N.M. Apr. 30, 2024).*

Defendant’s motion to suppress 450 bitcoin from being used at trial is moot because the government doesn’t intend to introduce it. Aside from that, his motion fails both its probable cause and Franks challenge. United States v. Patel, 2024 U.S. Dist. LEXIS 79800 (D.D.C. May 1, 2024).*

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