Defendant left property with another while he was incarcerated. This was not formalized, but it was a relationship that was more than just a subjective expectation of privacy. Contrary to the government\u2019s argument, it was not precipitous, like the cases where the defendant gave drugs to somebody to store just before the police arrived. Accordingly, the court will get to the merits of the search claim, and the government is ordered to respond. United States v. Eldridge, 2012 U.S. Dist. LEXIS 81442 (W.D. N.Y. June 12, 2012).*<\/p>\n
Defendant\u2019s IAC claim against defense counsel for not filing a motion to suppress is denied because the guilty plea expressly waived it. United States v. Ortiz, 2012 U.S. Dist. LEXIS 81137 (S.D. Tex. June 12, 2012).*<\/p>\n
Defendant was stopped for alleged DUI, and made to go through a field sobriety test. She was tested for alcohol and drugs. A jury question remained on whether the officer just made it up to justify the stop. Green v. Throckmorton<\/a>, 681 F.3d 853, 2012 FED App. 0175P (6th Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading