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D.Me.: Two week old information in grow operation was not stale

By John Wesley Hall, Jr.

CI’s information about defendant’s grow operation, “which is not a fly-by-night affair,” was a couple of weeks old but it was not stale. United States v. Widi, 2010 U.S. Dist. LEXIS 58881 (D. Me. February 23, 2010).* Defendant admittedly consented to the officer’s entry during a knock-and-talk, and there is no showing they refused to leave. He consented to the later search. United States v. Perez-Saavedra, 2010 U.S. Dist. LEXIS 59071 (N.D. Iowa May 7, 2010).* Defendant would fail on the prejudice prong of ineffective assistance because it is apparent the motion would have been denied. United States v. Carrasco, 2010 U.S. Dist. LEXIS 58789 (E.D. Mich. April 19, 2010).* Appellate counsel’s failure to argue defendant’s search and seizure claim on appeal was not ineffective assistance because it was frivolous to argue there was no probable cause...continue to full post

Full post as published by Fourth Amendment on June 17, 2010 (boomark / email).