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W.D.Mo.: Fact other defense lawyers in other cases did not challenge this type of warrant execution is evidence of good faith

By John Wesley Hall, Jr.

[While really thin,] there was sufficient cause to issue a search warrant for child porn in defendant’s house based on his text messages to a child and other facts observed in defendant’s house. The fact the police here had obtained other search warrants in similar situations and had not been challenged was strong evidence of good faith. How a computer search will occur is not a subject for the search warrant itself. United States v. Sage, 2007 U.S. Dist. LEXIS 99110 (W.D. Mo. December 3, 2007) [So, if other defense lawyers did not challenge searches under these circumstances, and this defense lawyer was competent enough to raise what certainly appears to be a valid issue, the default by others in other cases means this defendant loses...continue to full post

Full post as published by Fourth Amendment on March 01, 2010 (boomark / email).