DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
073943P.pdf 07/11/2008 United States v. James Howard
U.S. Court of Appeals Case No: 07-3943
District of Nebraska - Omaha
[PUBLISHED] [Riley, Author, with Beam and Melloy, Circuit Judges]
Criminal case - criminal law. Affidavits submitted in support of search
warrant established probable cause for a search of defendant's residence;
challenge to district court's finding that defendant did not have standing
to challenge a search of the basement of the residence was waived as
defendant failed to brief the issue; whether a warrant for a nighttime
search violated Nebraska law is irrelevant to defendant's federal rights
under the Fourth Amendment; in any event, the nighttime search was
justified by the warrant application; no error in denying Franks hearing;
district court did not err in denying defendant's motions to suppress
statements made during his various arrests; officers had reasonable
suspicion for two different traffic stops based on defendant's violation of
traffic laws.