Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

M.D.Fla.: Defendant's going from and returning to house around a drug sale showed nexus

By John Wesley Hall, Jr.

Defendant’s coming and going from his place immediately before and after drug sales was nexus to search it. United States v. McCloud, 2010 U.S. Dist. LEXIS 110633 (M.D. Fla. September 26, 2010).* Defense counsel was not ineffective for not challenging the valid third party consent here. Quibbling of a slight time difference in the reports did not show that it was a winning issue. Even if it was a plausible issue, it was harmless beyond a reasonable doubt. [This case has an interesting first issue in overcoming procedural default because of unclear state rules.] Johnson v. Thurmer, 2010 U.S. App. LEXIS 21443 (7th Cir. October 18, 2010).* Marijuana found in plain view in a car is probable cause to arrest everybody in the car under Pringle...continue to full post

Full post as published by Fourth Amendment on October 20, 2010 (boomark / email).