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Affidavit for search warrant did not reveal target and there was no showing that the issuing magistrate could tell it was the person he knew

By John Wesley Hall, Jr.

Defense counsel was not ineffective for not challenging the USMJ as not neutral and detached where it could not be discerned from the search warrant affidavit that it referred to the defendant whom the judge knew. Flowers v. United States, --- F.Supp.2d ----, 2008 WL 2397687 (N.D. Ind. June 10, 2008).* Excessive force claim is not barred by Heck. Owens v. City of Atlantic City, 2008 U.S. Dist. LEXIS 47584 (D. N.J. June 6, 2008).* Defendant's husband was a police officer and both were on the title of their vehicle. His consent to searching the vehicle was valid. Lynn v. Commonwealth, 2008 Ky. App. LEXIS 192 (June 20, 2008).*

Full post as published by Fourth Amendment on June 24, 2008 (boomark / email).