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Criminal Law

: Fourth Amendment

CA10: The fact the feds were called to complete a state initiated search did not make it unreasonable

By John Wesley Hall, Jr.

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A state officer made a stop of defendant’s car and an inventory was going to be conducted. The feds were called to take over the investigation, and they did it instead. This did not make the process unreasonable. United States v. Taylor, 2010 U.S. App. LEXIS 1392 (10th Cir. January 21, 2010).* The district court’s credibility determination was binding since “‘unless it is contrary to the laws of nature, or is so inconsistent or improbable on its face that no reasonable factfinder could accept it.’ United States v. Ramirez-Chilel, 289 F.3d 744, 749 (11th Cir. 2002).” United States v. Telcy, 2010 U.S. App. LEXIS 1376 (11th Cir. January 21, 2010) (unpublished).* Defendant’s IAC claim fails on failure to move to suppress a search because of an unsigned search warrant since it was clear that the original search warrant was signed...continue to full post

Full post as published by Fourth Amendment on January 25, 2010 (boomark / email).

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