Probable cause and good faith arguments about three images of child pornography in the affidavit out of 121 total, were more toward a defense of the charge and do not undermine probable cause. United States v. Murphy, 2024 U.S. Dist. LEXIS 145547 (N.D. Miss. Aug. 15, 2024).<\/p>\n\n\n\n
\u201cVizcarrondo argues that a police officer lied in a search warrant affidavit and that the Government failed to disclose the misrepresentation. Even if we credited Vizcarrondo’s claim that the police officer lied in the affidavit, he still fails to establish that the officer’s misconduct would have materially affected his decision to plead guilty. And his actions bear this out: Even after the prosecution told him about the officer’s misconduct and subsequent resignation, Vizcarrondo chose not to change his guilty plea. Consequently, he has failed to show that the police officer’s alleged lie meaningfully influenced his decision to plead guilty.\u201d United States v. Vizcarrondo, 2024 U.S. App. LEXIS 20642 (4th Cir. Aug. 15, 2024).*<\/p>\n\n\n\n
Defendant had standing over a shipped package of drugs. Although there was a fictitious name on it, he had arranged and paid for someone else to receive it, and that showed sufficient control to have standing. But, after all that, he loses on the merits of the search. There was probable cause. United States v. Otero-Lugo, 2024 U.S. Dist. LEXIS 145315 (E.D. Pa. Aug. 9, 2024).* [Most courts would disagree with the standing issue here.]<\/p>\n","protected":false},"excerpt":{"rendered":"
Probable cause and good faith arguments about three images of child pornography in the affidavit out of 121 total, were more toward a defense of the charge and do not undermine probable cause. United States v. Murphy, 2024 U.S. Dist. … Continue reading