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Criminal Law

: Fourth Amendment

W.D.Pa.: No Fourth Amendment to actual signed copy of warrant before search starts

By John Wesley Hall, Jr.

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Defense counsel was not ineffective for not moving to suppress the search of defendant’s property for evidence of bank robbery where an unsigned copy was left and not shown to defendant before the search was done. Even if the facts alleged were true, these are not violations of the Fourth Amendment or Rule 41. United States v. Askew, 2010 U.S. Dist. LEXIS 8581 (W.D. Pa. February 2, 2010).* The evidence supports the USMJ’s conclusion that defendant’s consent was voluntary. United States v. Romero, 2010 U.S. Dist. LEXIS 8286 (D. Neb. February 1, 2010).* Defendant’s IAC claim for not challenging a murder defendant’s arrest on an Air Reserve base in unicorporated Cobb count failed where the arrest was not shown to be unlawful in the first place...continue to full post

Full post as published by Fourth Amendment on February 05, 2010 (boomark / email).

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