Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Fact another local judge found no PC did not mean the first judge issuing the warrant was wrong

By John Wesley Hall, Jr.

The fact a different judge in the District of Columbia later drew a different conclusion on whether probable existed after the search occurred did not mean that there was not probable cause when the warrant issued. Here, the D.C. Cir. concludes that there was PC, and the good faith exception would save the warrant in any event. United States v. Spencer, 2008 U.S. App. LEXIS 14713 (D.C. Cir. July 11, 2008).* The search here produced evidence that linked defendant to a bank robbery, and it was consented to by a person with apparent authority. Even it it wasn't valid, it was harmless here because it produced some of the money and was not the fact that caused defendant's conviction. United States v. Turner, 2008 U.S. App. LEXIS 14602, 2008 FED App...continue to full post

Full post as published by Fourth Amendment on July 13, 2008 (boomark / email).