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D.Idaho: The REP in brother's bedroom where gun was hidden

By John Wesley Hall, Jr.

Defendant had no reasonable expectation of privacy in his brother's bedroom where his gun was hidden by his brother. United States v. Koepnick, 2009 U.S. Dist. LEXIS 74147 (D. Idaho August 20, 2009).* Officer testified on direct that defendant apologized for not wearing his seatbeat, and that was the basis for the stop. The video of the stop did not support that, and he admitted on cross-examination that maybe he confused this stop with another. The court found the government failed to make its burden of proof. United States v. Williams, 2009 U.S. Dist. LEXIS 74597 (M.D. La. August 20, 2009).* A Texas magistrate who might not have technically been able to issue a search warrant did not create a Fourth Amendment violation. The warrant was clearly issued with PC and there was no contention that he was not neutral and detached...continue to full post

Full post as published by Fourth Amendment on August 26, 2009 (boomark / email).