When challenging a search warrant, the defendant needs to attach the warrant and affidavit to the motion to suppress. The government did instead. Here, the search warrant wasn\u2019t even needed because there was probable cause for a vehicle search under the automobile exception. \u201cBecause the totality of the circumstances gave rise to probable cause sufficient to make a search of the motorhome or the jeep reasonable, even without a warrant, the warrant itself does not become invalid simply because the affidavit did not make explicit the basis for probable cause to believe marijuana would also be found in the Jeep.\u201d United States v. Whittingslow, 2018 U.S. Dist. LEXIS 141531 (W.D. Ark. Aug. 21, 2018).<\/p>\n
Defense counsel raised a Franks challenge in the original proceedings, it was litigated, and he lost. Now he raises it as an ineffective assistance of counsel. Because he can\u2019t show defense counsel did anything that prejudiced him, it\u2019s denied. Miller v. United States, 2018 U.S. Dist. LEXIS 140688 (N.D. Ill. Aug. 20, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"
When challenging a search warrant, the defendant needs to attach the warrant and affidavit to the motion to suppress. The government did instead. Here, the search warrant wasn\u2019t even needed because there was probable cause for a vehicle search under … Continue reading