{"id":55124,"date":"2023-06-10T09:47:41","date_gmt":"2023-06-10T14:47:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55124"},"modified":"2023-06-10T09:47:41","modified_gmt":"2023-06-10T14:47:41","slug":"ca9-joint-cambodian-u-s-search-unlawful-under-cambodian-law-not-unlawful-here-exclusionary-rule-not-applied","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55124","title":{"rendered":"CA9: Joint Cambodian-U.S. search unlawful under Cambodian law not unlawful here; exclusionary rule not applied"},"content":{"rendered":"\n

Defendant was the subject of a joint raid in Cambodia by local and U.S. officers. The search of defendant\u2019s room was held unlawful under Cambodian law because there was no written consent of the owner, something with no counterpart in U.S. law. Therefore, the exclusionary rule would not be applied. United States v. Boyajian<\/a>, 2023 U.S. App. LEXIS 14371 (9th Cir. June 9, 2023).<\/p>\n\n\n\n

\u201cThe specified categories of items listed in the warrant are sufficiently particular and not overly broad. Notably, each reflect the common tools and recognized practices used by drug traffickers and focus on evidence closely related to Sandalo’s suspected drug trafficking activity. To the extent that they may encompass more, the categories are well within the discretion we afford law enforcement in listing the items to be seized.\u201d Also, defendant doesn\u2019t overcome the government\u2019s good faith exception argument. A second search of an in-law apartment within the dwelling to be searched allegedly occurred then or four days later. If so, what\u2019s the relevance to the search of his premises? United States v. Sandalo, 2023 U.S. App. LEXIS 14242 (2d Cir. June 8, 2023).*<\/p>\n\n\n\n

In a related case, Sandalo\u2019s Franks challenge fails. Even if the challenged statements were not considered, there still was probable cause. United States v. Sandalo, 2023 U.S. App. LEXIS 14245 (2d Cir. June 8, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was the subject of a joint raid in Cambodia by local and U.S. officers. The search of defendant\u2019s room was held unlawful under Cambodian law because there was no written consent of the owner, something with no counterpart in … 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":[95,14,97,21,65],"tags":[],"class_list":["post-55124","post","type-post","status-publish","format-standard","hentry","category-conflict-of-laws","category-exclusionary-rule","category-foreign-searches","category-franks-doctrine","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55124","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=55124"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55124\/revisions"}],"predecessor-version":[{"id":55125,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55124\/revisions\/55125"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55124"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55124"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55124"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}