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Criminal Law

: Fourth Amendment

CA4: "All persons" clause in search warrant had basis, and was at least saved by GFE

By John Wesley Hall, Jr.

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An “all persons” on the premises clause in the search warrant did not make it unreasonable, and the good faith exception would save it anyway. United States v. Hicks, 2010 U.S. App. LEXIS 18961 (4th Cir. September 9, 2010) (unpublished).* Defendant clearly consented to the search of his computer for child pornography after he was told he did not have to consent. United States v. Murinko, 2010 U.S. App. LEXIS 18979 (9th Cir. September 10, 2010) (unpublished).* Cocaine found in the defendant’s car was in plain view and two officers saw it differently, but that did not make them unreliable. What was found on his person was thus the product of a search incident. United States v. Shakur, 2010 U.S. App. LEXIS 18917 (4th Cir. September 9, 2010) (unpublished)...continue to full post

Full post as published by Fourth Amendment on September 14, 2010 (boomark / email).

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