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Criminal Law

: Fourth Amendment

E.D.Mich.: Three week old information about purchase of pseudoephedrine was not stale

By John Wesley Hall, Jr.

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In this meth case, the affidavit for the search warrant referred to information gathered about purchases of pseudoephedrine three weeks earlier. That was not stale, even though meth can be manufactured quickly. United States v. Mathis, 2010 U.S. Dist. LEXIS 101080 (E.D. Mich. September 7, 2010).* Defendant’s recasting his search argument in a 2255 became a distinction without a difference. He had no reasonable expectation of privacy in this rental car, and the company’s consent was essentially meaningless. Mincey v. United States, 2010 U.S. Dist. LEXIS 100276 (W.D. N.C. September 13, 2010).* Defendant was found to have consented to the search of his car. His complaints about the authoritative tone of the officer was just a factor, and alone was not enough...continue to full post

Full post as published by Fourth Amendment on September 30, 2010 (boomark / email).

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