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N.D.Iowa.: In CP case, issuing magistrate does not have to see or have a detailed description of the material

By John Wesley Hall, Jr.

Defendant who did not live in the house searched had no standing to challenge the search of the place. He kept stuff there and he had a longstanding relationship with those who lived there, but it wasn’t his place, so no standing. United States v. Tamborello, 2010 U.S. Dist. LEXIS 71313 (N.D. Iowa July 15, 2010).* Defendant’s IAC claim fails that defense counsel did not move to dismiss the case because the officers allegedly lied to him during the search. Even if the issue was challenged as a suppression motion, defendant would not have prevailed, so defense counsel had basis for moving to suppress. Philson v. United States, 2010 U.S. Dist. LEXIS 70896 (E.D. N.C. July 13, 2010).* The affidavit for the search warrant for child pornography on defendant’s computer was issued with probable cause...continue to full post

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