Defendant did not abandon the vehicle he was driving with permission of the owner. When officers asked for consent he said it wasn\u2019t his and it was his \u201cbaby mama\u2019s\u201d vehicle. Her permission gave him standing. The court disagrees with the government\u2019s assertion of plain view. Officers didn\u2019t see anything in plain view until the search was already underway. \u201cThe fact that an officer \u2018could have seen\u2019 the evidence he unlawfully recovered from a lawful vantage point is not sufficient. \u2026 In the instant case, the Government fails to establish that Officer Vanden Berg saw the gun or drugs prior to the vehicle search.\u201d Motion to suppress granted. United States v. Jackson, 2022 U.S. Dist. LEXIS 208300 (E.D. Va. Nov. 1, 2022).<\/p>\n\n\n\n
\u201cLooking at the totality of the circumstances, all of these facts, taken together, create probable cause that controlled substances and related items were in Cantrell’s home.\u201d Cash in the home, no; everything else is probable cause. United States v. Cantrell, 2022 U.S. Dist. LEXIS 208200 (N.D.W. Va. Nov. 16, 2022).*<\/p>\n\n\n\n
Appellant\u2019s belated attempt to unseal the search warrant papers should have been treated as a successor habeas that should have come here. Denied. United States v. Slates, 2022 U.S. App. LEXIS 31725 (6th Cir. Nov. 16, 2022).*<\/p>\n\n\n\n
Defendant\u2019s claim that his prior PO authorized him to have internet accessible devices was rejected because nothing in the current PO\u2019s file even suggests this, assuming defendant to be credible (which the court had to throw in). There was reasonable suspicion for this search. United States v. Keen, 2022 U.S. Dist. LEXIS 208254 (M.D. Pa. Nov. 16, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant did not abandon the vehicle he was driving with permission of the owner. When officers asked for consent he said it wasn\u2019t his and it was his \u201cbaby mama\u2019s\u201d vehicle. Her permission gave him standing. The court disagrees with … Continue reading