A shed by the house was properly searched under a warrant for the house. \u201cAs a general rule, a supporting affidavit or document may be read together with (and considered a part of) a warrant that otherwise lacks sufficient particularity \u2018if the warrant uses appropriate words of incorporation, and if the supporting document accompanies the warrant.\u2019 Hurwitz, 459 F.3d at 471 (quoting Groh v. Ramirez, 540 U.S. 551, 557-58 (2004)).\u201d It was shown in the satellite view and it\u2019s on the curtilage. A safe inside the house didn\u2019t have to be separately itemized as a place to be searched. United States v. Oliver, 2024 U.S. Dist. LEXIS 26633 (E.D.N.C. Jan. 29, 2024), adopted, 2024 U.S. Dist. LEXIS 25395 (E.D.N.C. Feb. 14, 2024).<\/p>\n\n\n\n
2254 petitioner\u2019s Fourth Amendment claim is barred by Stone v. Powell. He litigated it in state court and lost. This court is not free to adopt the dissenting opinion in Stone. Hays v. Bracy, 2024 U.S. Dist. LEXIS 26655 (N.D. Ohio Jan. 26, 2024).*<\/p>\n\n\n\n
There is no reasonable expectation of privacy in trash left out for collection. The subjective claim of an expectation fails. United States v. Lee, 2024 U.S. App. LEXIS 3608 (5th Cir. Feb. 15, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
A shed by the house was properly searched under a warrant for the house. \u201cAs a general rule, a supporting affidavit or document may be read together with (and considered a part of) a warrant that otherwise lacks sufficient particularity … Continue reading