The government\u2019s motion in limine against crossing the IRS agent on his search warrant affidavit is denied. The search has already been litigated, and defendant can\u2019t use this as a \u201cmini-Franks hearing.\u201d The government can object if it goes far afield. United States v. Motions, 2022 U.S. Dist. LEXIS 98542 (D.Ore. June 2, 2022).<\/p>\n\n\n\n
Defendant dropped or tossed a gun in flight from police. He claims it was because an illegal arrest was coming, but he loses. \u201cThe law makes clear that Durham was not under arrest at the time and had no reasonable expectation of privacy in a gun that police saw on the ground. Nothing in the Fourth Amendment requires officers to avert their eyes from evidence a suspect reveals to them in public.\u201d United States v. Durham, 2022 U.S. Dist. LEXIS 97541 (W.D.Ky. June 1, 2022).*<\/p>\n\n\n\n
The traffic stop was valid, and a gun was in plain view inside. United States v. McKenzie<\/a>, 2022 U.S. App. LEXIS 15035 (May 31, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":" The government\u2019s motion in limine against crossing the IRS agent on his search warrant affidavit is denied. The search has already been litigated, and defendant can\u2019t use this as a \u201cmini-Franks hearing.\u201d The government can object if it goes far … Continue reading