Friday, September 11, 2009

Suppression Properly Denied

US v. Harris, 2009 WL 2873178 (10th Cir. Sept. 9/2009) (unpublished): Warrant to search for drugs was sufficient to support probable cause; out-of-date information was sufficiently updated with details of recent complaints of drug activity at the house and controlled buys, including one within previous 48 hours. Fact that state law requirements were not observed did not require suppression; "the fact that the arrest, search, or seizure may have violated state law is irrelevant as long as the standards developed under the Federal Constitution were not offended."