Defendant was subjected to a private search by his girlfriend, \u201cMs. X,\u201d and records in envelopes were turned over to police. The looking in open envelopes is not analogous to the government\u2019s looking at the film in their canisters like in Walter (1980) or opening the UPS box in Jacobson (1984). There was no expansion of the private search here. United States v. Coty, 2015 U.S. Dist. LEXIS 171851 (D.Neb. Dec. 23, 2015).<\/p>\n
A 2255 challenge: \u201cFor the reasons explained below, I conclude that Brusso’s Fourth Amendment challenge to the search warrant was waived by his guilty plea, that it is procedurally barred, and that his claim fits within no exception to the procedural-default rule, including the actual-innocence exception. Therefore, I recommend that his \u00a7 2255 Motion (Doc. 54) be DENIED.\u201d United States v. Brusso, 2015 U.S. Dist. LEXIS 171836 (D.Vt. Oct. 29, 2015), adopted 2015 U.S. Dist. LEXIS 171003 (D.Vt. Dec. 23, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant was subjected to a private search by his girlfriend, \u201cMs. X,\u201d and records in envelopes were turned over to police. The looking in open envelopes is not analogous to the government\u2019s looking at the film in their canisters like … Continue reading