NE: Return of property denied where post-conviction time hadn’t run

Defendant’s motion for return of property is denied because the time hasn’t run for post-conviction and it still may be needed by the state. State v. Assad, 317 Neb. 20 (July 5, 2024).

Defendant did not present a real Franks issue by contesting that more detail was available because there was probable cause without it. United States v. Sanchez, 2024 U.S. Dist. LEXIS 118669 (N.D. Ohio July 8, 2024).*

Officers had a reasonable belief defendant was in a residence when they entered with an arrest warrant. They reasonably believed he was armed. The dispute was whether the gun was in plain view in a bedroom. But they didn’t readily find him. Officer “Monsalvo’s second search of the bedroom posed no greater intrusion than what had already occurred upon the arrest team’s initial entry into the home. On the other hand, the necessity of a second search at a time when Wilkes was still concealed somewhere in the home seems obvious given the totality of the circumstances.” They caucused on video about where else to look and whether there was a way into the crawl space. The gun was seen on a second entry, and it was a valid plain view. United States v. Wilkes, 2024 U.S. Dist. LEXIS 118600 (E.D. Mo. July 8, 2024).*

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