DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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143599P.pdf 08/14/2015 United States v. Jason Long
U.S. Court of Appeals Case No: 14-3599
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Riley, Author, with Bright and Murphy, Circuit Judges]
Criminal case - Criminal law. Under the circumstances presented, the court
cannot say the district court clearly erred in finding that defendant had
failed to prove his convenience store was closed at the time a police
officer entered the store; as a result, the district court did not err in
concluding defendant had no reasonable expectation of privacy in the
public areas of the store where the synthetic marijuana which formed the
basis for a search warrant application had been left in plain view;
assuming, without deciding, the warrant was deficient, evidence seized
during the search was admissible under the Leon good-faith exception;
post-warrant search of vehicle parked at the store upheld; a second search
was constitutional because the property owner had consented to the search.
Judge Bright, concurring in part and dissenting in part.