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E.D.Wis.: Challenge typo in SW return almost too clever by half for the court

By John Wesley Hall, Jr.

Errors in the search warrant and return for the wrong address (8111 Cherry Valley v. 3111 Cheerful Valley) but the right address was searched were not material. Taking the defendant’s argument to its conclusion makes no sense. United States v. Derrick, 2010 U.S. Dist. LEXIS 58360 (E.D. Wis. June 11, 2010)*: In addition to being wrong on the facts, defendant’s argument made little sense. Defendant did not claim that he was living at 3111 Cheerful (or Cherry) Valley rather than 8111 Cheerful Valley. If the officers actually searched 3111 Cheerful (or Cherry) Valley rather than 8111 Cheerful Valley, why would defendant care? And how could any evidence relevant to defendant's charges have been seized from the wrong place? And how would defendant have standing? Officers responding to an armed robbery call saw a vehicle matching the description of the vehicle involved and stopped it...continue to full post

Full post as published by Fourth Amendment on June 16, 2010 (boomark / email).