Assuming defendant had standing to a residence as an overnight guest, the police had specific information linking him to the residence and probable cause for a search warrant. A check of DMV records on him did not require probable cause. \u201c[T]he government does not require probable cause to \u2018search\u2019 its own records.\u201d Defendant\u2019s supplemental briefs weren\u2019t permitted by the local rule, but the court considered them anyway, and they don\u2019t support a Franks hearing. United States v. Wright, 2015 U.S. Dist. LEXIS 170150 (D.Nev. Oct. 28, 2015).<\/p>\n
Defendant was suspected of a computer intrusion, and the police came to him and interrogated him. He was not in custody for Miranda purposes. United States v. Saunders, 2015 U.S. Dist. LEXIS 170830 (N.D.Cal. Dec. 21, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Assuming defendant had standing to a residence as an overnight guest, the police had specific information linking him to the residence and probable cause for a search warrant. A check of DMV records on him did not require probable cause. … Continue reading