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M.D.Fla.: Lack of a search protocol did not make this computer search invalid (in an IAC claim)

By John Wesley Hall, Jr.

Defendant failed to show in his § 2255 that the failure of defense counel to file a motion to suppress the search of her computers in a fraud case would have succeeded. No record that was admitted into evidence at the trial was outside a common understanding of the search warrant. Also, there was no search protocol for execution of the warrant, and there is no requirement that there be one. Borden v. United States, 2010 U.S. Dist. LEXIS 71406 (M.D. Fla. July 15, 2010).* Defendant’s claim he signed a consent to search form in blank twice, initialing it 24 times, was incredible. United States v. Buckhanon, 2010 U.S. Dist. LEXIS 71388 (W.D. Tenn. May 19, 2010)*: Moreover, the court finds Buckhanon's testimony to be unbelievable in its entirety...continue to full post

Full post as published by Fourth Amendment on July 19, 2010 (boomark / email).