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Lie about focus of administrative investigation did not prejudice defendant

By John Wesley Hall, Jr.

An administrative investigation of polluting water quickly morphed into a criminal investigation, and investigators even lied about their focus. The fact he was lied to did not change the course of the investigation at all because the outcome would have been the same. United States v. Rosenblum, 2007 U.S. Dist. LEXIS 96607 (D. Minn. December 21, 2007): Here, Defendants can point to no constitutional right that was prejudiced by MCES's false statements regarding the nature of the water monitoring conducted in March 2005. This monitoring was authorized by search warrant and therefore the Defendant's Fourth Amendment rights were in no way compromised. The information acquired by search warrant in this case is different from the information collected in Tweel where the Defendant consented to a search thereby prejudicing his right to be free from unreasonable search and seizure...continue to full post

Full post as published by Fourth Amendment on March 24, 2008 (boomark / email).