{"id":40262,"date":"2019-10-18T20:58:10","date_gmt":"2019-10-19T01:58:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40262"},"modified":"2019-10-18T20:58:10","modified_gmt":"2019-10-19T01:58:10","slug":"ca6-codefs-appeal-from-same-suppression-hearing-already-affirmed-so-thats-law-of-the-case-even-though-he-didnt-get-to-brief-it-so-how-fair-is-that","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40262","title":{"rendered":"CA6: Codef&#8217;s appeal from same suppression hearing already affirmed, so that&#8217;s law of the case [even though he didn\u2019t get to brief it, so how fair is that?]"},"content":{"rendered":"<p>The codefendant\u2019s appeal on the same grounds, from the same suppression hearing was affirmed in July. That\u2019s law of the case as to this defendant. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0531n-06.pdf\">United States v. Thompson<\/a>, 2019 U.S. App. LEXIS 30910 (6th Cir. Oct. 16, 2019).<\/p>\n<p>\u201cCarter also argues that the search was improperly executed for several reasons. First, he says that officers violated the \u2018knock-and-announce\u2019 rule. See 18 U.S.C. \u00a7 3109. But that rule applies only when officers enter by force; here, they were invited in. Id. Second, he says the officers violated the Fourth Amendment because they did not show the search warrant until asked. But here nothing required the officers to present the warrant any sooner than they did. &#8230; Third, Carter says that his federal prosecution effectively precluded him from challenging the search on state-law grounds. But he has not identified any aspect of the search that violated state (or federal) law.\u201d [And state grounds would be moot under Virginia v. Moore.] The government also didn\u2019t need a search warrant for his IP information. <a href=\"http:\/\/www.opn.ca6.uscourts.gov\/opinions.pdf\/19a0529n-06.pdf\">United States v. Carter<\/a>, 2019 U.S. App. LEXIS 30734 (6th Cir. Oct. 16, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The codefendant\u2019s appeal on the same grounds, from the same suppression hearing was affirmed in July. That\u2019s law of the case as to this defendant. United States v. Thompson, 2019 U.S. App. LEXIS 30910 (6th Cir. Oct. 16, 2019). \u201cCarter &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40262\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-40262","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40262","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40262"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40262\/revisions"}],"predecessor-version":[{"id":40263,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40262\/revisions\/40263"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40262"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40262"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}