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E.D. Cal: No basis in law for parole search of third party's property

By John Wesley Hall, Jr.

Defense counsel was not ineffective for not filing a motion to suppress a third party consent search that would have failed. Cowans v. Bagley, 2008 U.S. Dist. LEXIS 83040 (S.D. Ohio September 30, 2008)* (one issue in a 324 page habeas denial in a death case). Entry into third party's property for a parole search for a person who did not live there stated a claim for relief in a civil case. Perez v. City of Placerville, 2008 U.S. Dist. LEXIS 83172 (E.D. Cal. September 9, 2008): Ultimately, nothing in the law justifies the entry into and search of a third person's house to search for a parolee. Cuevas v. De Roco, 531 F.3d 726, 2008 WL 2552572, *4 (9th Cir. 2008). The Fourth Amendment's protection against unreasonable searches of a person's home is not diminished by the mere presence of a guest in the home...continue to full post

Full post as published by Fourth Amendment on October 22, 2008 (boomark / email).