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MD: "Four corners" rule does not apply to traffic citations

By John Wesley Hall, Jr.

The "four corners" rule of an affidavit for a search warrant does not apply to a citation for arrest. The contents of the citation are relevant, but not even determinative under the totality of circumstances. Smith v. State, 2008 Md. App. LEXIS 128 (October 6, 2008).* Officers had probable cause for defendant's arrest based on his description and the fact witnesses saw his car at the scene of the crime and then it was seen at his house. Jordan v. State, 2008 Miss. LEXIS 489 (October 2, 2008).* There was probable cause and the good faith exception should not be applied. State v. Cobb, 2008 Ohio 5210, 2008 Ohio App. LEXIS 4389 (12th Dist. October 6, 2008).* Of more significance is this radical comment: "[*P23] However, the exclusionary rule need not be employed when police properly execute a legal warrant issued by a detached magistrate which is supported by probable cause...continue to full post

Full post as published by Fourth Amendment on October 09, 2008 (boomark / email).