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.
103111P.pdf 07/27/2011 United States v. David McIntyre
U.S. Court of Appeals Case No: 10-3111
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Smith, Author, with Bright and Shepherd, Circuit Judges]
Criminal case - criminal law. Defendant lacked a reasonable expectation
of privacy in his utility records, and the issuance of a subpoena for the
records did not violate his Fourth Amendment rights; issuance of
subpoena did not violate relevant state laws; district court did not err in
denying defendant's request for a Franks hearing with respect to the
issuance of a thermal imaging warrant; the observations of officers and
the results of the thermal imaging created probable cause for the issuance
of a search warrant.