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Criminal Law

: Fourth Amendment

Two typos in SW did not undermine PC or void the search

By John Wesley Hall, Jr.

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Mere typographical errors on the face of the search warrant are insufficient to suppress. (Checking a box about relying on a CI and failing to include the time of issuance.) Besides, the good faith exception would save the search anyway. United States v. Fitzgerald, 2009 U.S. Dist. LEXIS 456 (W.D. Va. January 6, 2009).* Driver was CI to her passenger being in possession of cocaine and a gun. The driver was a prior CI for the police and had direct information, and she signaled the officer to initiate the stop. Jackson v. State, 2009 Ga. App. LEXIS 2 (January 5, 2009).* Trial court might have erred in concluding that a joint occupant of the premises could consent to a search of defendant's own closet, but the record is incomplete for the appellate court to reach that issue...continue to full post

Full post as published by Fourth Amendment on January 09, 2009 (boomark / email).

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