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CA7: Jurisdictional limits of Rule 41(b) is not a constitutional mandate

By John Wesley Hall, Jr.

USMJ's violation of jurisdictional limitations of Rule 41(b) did not warrant suppression of evidence because it is not a constitutional requirement. Here, the USMJ sought ISP information out of state, and that was permitted by 18 U.S.C. § 2703(a). United States v. Berkos, 2008 U.S. App. LEXIS 19234 (7th Cir. September 9, 2008).* Officers had a warrant for arrest for defendant's boyfriend for failure to report for deportation, and they went to their house and had evidence of her harboring him. After several attempts to locate him at home, they encountered her an a car ferry with an empty front passenger seat, and two on-English speaking passengers who were obviously nervous. The officers had probable cause to search the car to look for him...continue to full post

Full post as published by Fourth Amendment on September 11, 2008 (boomark / email).