The USMJ found that defendant lacked standing to contest the search of a motel room he vacated and the co-occupant consented. Defendant\u2019s attack before the USDJ did not address both arguments, so the findings of the USMJ are sustained because either was sufficient. United States v. Stephens, 2011 U.S. Dist. LEXIS 143551 (N.D. Ga. December 13, 2011):<\/p>\n
Pursuant to 28 U.S.C. \u00a7 636(b)(1)(C), this Court must conduct a de novo review as to those portions of the R&R to which Defendant timely and specifically objected. The Court may accept, reject or modify, in whole or in part, the findings and recommendations made by the magistrate judge. 28 U.S.C. \u00a7 636(b)(1). Portions of the R&R to which Plaintiff has not specifically objected are reviewed for clear error only. See Tauber v. Barnhart, 438 F. Supp. 2d 1366, 1373 (N.D. Ga. 2006) (Story, J.) (“[I]ssues upon which no specific objections are raised do not so require de novo review; the district court may therefore ‘accept, reject, or modify, in whole or in parts the findings or recommendations made by the magistrate judge[,]’ applying a clearly erroneous standard.”) (quoting 28 U.S.C. \u00a7 636(b)(1)). <\/p><\/blockquote>\n
The co-occupant of a hotel room consented to an entry by the police, and they saw a sweater matching the description of a sweater worn in a bank robbery laying on an open suitcase. It was in plain view to the officer. State v. Sullivan<\/a>, 2011 Ohio 6384, 2011 Ohio App. LEXIS 5243 (10th Dist. December 13, 2011).*<\/p>\n
On remand from United States v. McCarty<\/a>, 648 F.3d 820 (9th Cir. 2011), the district court finds the accidental viewing of child pornography photographs that fell from an envelope when a computer was removed from a bag was a valid administrative search. United States v. McCarty, 835 F. Supp. 2d 938 (D. Haw. 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
b2evALnk.b2WPAutP Continue reading