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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.