The search incident of defendant\u2019s room was valid because it occurred shortly after his arrest when he was still there, despite his being handcuffed which doesn\u2019t per se make a search incident invalid. \u201cBecause defendant failed to allege facts which, if proved, would establish either a Fourth Amendment violative search or seizure, the burden never shifted to the Government and the motion should be properly denied. Because defendant does not allege facts which if true would require a grant of relief, the motion to suppress should be DENIED.\u201d Even so, arguendo, when the untainted information is read out of the probable cause showing, probable cause still remains here. United States v. Oury, 2019 U.S. Dist. LEXIS 226495 (S.D. Ga. Dec. 10, 2019). [That\u2019s incorrect: when it\u2019s a warrantless search, the burden shifts to the government to justify it. That\u2019s all defendant needs to show.]<\/p>\n
The court assumes for sake of argument that there were false statements in the affidavit for search warrant. Removing them still leaves probable cause. United States v. Keleta<\/a>, 2020 U.S. App. LEXIS 3566 (8th Cir. Feb. 6, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":" The search incident of defendant\u2019s room was valid because it occurred shortly after his arrest when he was still there, despite his being handcuffed which doesn\u2019t per se make a search incident invalid. \u201cBecause defendant failed to allege facts which, … Continue reading