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Search of premises for a person includes a search of anywhere the person could hide, including a closet

By John Wesley Hall, Jr.

Stating the obvious, which it apparently was not for one party, consent to search a house for a person includes any place where that person could be hiding. So, a closet could be searched. A previous protective sweep of the room does not mean that the officers cannot return to the room to look again. United States v. Vasquez-Lozano, 2008 U.S. Dist. LEXIS 27099 (W.D. N.C. March 19, 2008). There is no expectation of privacy in the information collected by an Internet service provider about one's account, and a subpoena for its records on the defendant did not violate any reasonable expectation of privacy. [This was not an issue raised by the defense; it was raised by the court sua sponte to cut off a potential 2255 claim.] United States v. Polizzi, 2008 U...continue to full post

Full post as published by Fourth Amendment on April 06, 2008 (boomark / email).