{"id":59972,"date":"2025-01-27T10:36:56","date_gmt":"2025-01-27T15:36:56","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59972"},"modified":"2025-01-27T10:36:56","modified_gmt":"2025-01-27T15:36:56","slug":"ca9-deleting-email-account-to-avoid-sw-was-obstruction","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59972","title":{"rendered":"CA9: Deleting email account to avoid SW was obstruction"},"content":{"rendered":"\n<p>Defendant deleting his email account to avoid a search warrant supported an obstruction conviction. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2025\/01\/23\/23-1341.pdf\">United States v. Diaz<\/a>, 2025 U.S. App. LEXIS 1459 (9th Cir. Jan. 23, 2025).<\/p>\n\n\n\n<p>Defendant was stopped in a high crime area without reasonable suspicion. There was no indication of a hand-to-hand transaction. United States v. Reyes, No. 24-cr-01992-JES, 2025 U.S. Dist. LEXIS 11553 (S.D. Cal. Jan. 22, 2025).*<\/p>\n\n\n\n<p>Whether defendant could raise Fourth Amendment ineffective assistance of counsel in a motion to withdraw his plea here is a moot point because he wouldn\u2019t succeed on a Fourth Amendment claim. \u201cWith probable cause to believe some crime existed before searching Magruder, as was patently the case here, the FBI agents could stop and search Magruder and his backpack immediately before formally arresting him and were not required to charge Magruder with the same offense that supported the initial probable cause.\u201d United States v. Magruder, 2025 U.S. App. LEXIS 1265 (D.C. Cir. Jan. 21, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant deleting his email account to avoid a search warrant supported an obstruction conviction. United States v. Diaz, 2025 U.S. App. LEXIS 1459 (9th Cir. Jan. 23, 2025). Defendant was stopped in a high crime area without reasonable suspicion. There &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59972\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[25,23,35],"tags":[],"class_list":["post-59972","post","type-post","status-publish","format-standard","hentry","category-e-mail","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59972","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=59972"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59972\/revisions"}],"predecessor-version":[{"id":59973,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59972\/revisions\/59973"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59972"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59972"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59972"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}