The government seeks a subpoena to photograph defendant\u2019s tattoos in an effort to corroborate gang membership. The motion to suppress is denied. \u201cThe Court is persuaded that the Government search contemplated by the description in the August 7 Letter is reasonable and permissible. Photographing Owens’s face, arms, torso, hands, and lower legs is a minimal invasion of privacy for a currently incarcerated individual like Owens. Moreover, the Government represents that it has reason to believe that the photographs will be probative of the violations it seeks to prove at trial. Therefore, the subpoena does not violate the Fourth Amendment.\u201d It also doesn\u2019t violate the Fifth Amendment. United States v. Owens, 2019 U.S. Dist. LEXIS 138392 (S.D. N.Y. Aug. 8, 2019).<\/p>\n
Defendant wasn\u2019t prejudiced by defense counsel\u2019s failure to file a motion to suppress that would not have been granted. The search warrant was for marijuana and firearms. Following up on the CI\u2019s report, officers saw marijuana there. Six assault weapons were also found, and defendant argued unfair prejudice from that because only a handgun was cited in the gun specification. Even if there was, it was harmless on this record considering the drug evidence and handgun came in. State v. Riffle<\/a>, 2019-Ohio-3271, 2019 Ohio App. LEXIS 3362 (8th Dist. Aug. 16, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":" The government seeks a subpoena to photograph defendant\u2019s tattoos in an effort to corroborate gang membership. The motion to suppress is denied. \u201cThe Court is persuaded that the Government search contemplated by the description in the August 7 Letter is … Continue reading