{"id":51282,"date":"2022-01-26T09:52:59","date_gmt":"2022-01-26T14:52:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51282"},"modified":"2022-01-26T09:52:59","modified_gmt":"2022-01-26T14:52:59","slug":"ca11-fbis-negligence-in-taking-six-months-to-search-defs-truck-and-computers-did-not-require-suppression","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51282","title":{"rendered":"CA11: FBI’s negligence in taking six months to search def’s truck and computers did not require suppression"},"content":{"rendered":"\n

\u201cBruce Nicholson, an Alabama man convicted of federal child sex crimes and sentenced to life in prison, challenges his conviction on direct appeal. The main question in this criminal appeal is, as it often is, whether a criminal should \u2018go free because the constable has blundered.\u2019 People v. Defore, 242 N.Y. 13, 150 N.E. 585, 587 (N.Y. 1926). Nicholson was convicted of heinous crimes\u2014the long-term sexual exploitation of two children that came to light only after one became pregnant and he spirited both away across the country. But the FBI dawdled during its investigation. The FBI let physical evidence sit in a wrecker service’s office in Kentucky for months before securing a warrant to seize it. And it searched a laptop seized in New York six months after its warrant’s deadline. Nonetheless, the answer to the question on appeal is that the constable’s blunders do not warrant reversing Nicholson’s conviction as a matter of law. Accordingly, after careful consideration and with the benefit of oral argument, we affirm.\u201d It is summed up in this heading: \u201cThe FBI’s Negligence Does Not Justify Excluding the New York or Kentucky Evidence.\u201d United States v. Nicholson<\/a>, 2022 U.S. App. LEXIS 2143 (11th Cir. Jan. 24, 2022).<\/p>\n\n\n\n

There was probable cause for a search warrant for defendant\u2019s SnapChat account as linked to his crime by two CIs. Jan. 24, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cBruce Nicholson, an Alabama man convicted of federal child sex crimes and sentenced to life in prison, challenges his conviction on direct appeal. The main question in this criminal appeal is, as it often is, whether a criminal should \u2018go … Continue reading →<\/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":[12,14,44,118],"tags":[],"class_list":["post-51282","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-exclusionary-rule","category-informant-hearsay","category-social-media-warrants"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51282","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=51282"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51282\/revisions"}],"predecessor-version":[{"id":51283,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51282\/revisions\/51283"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51282"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51282"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51282"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}