Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

D.S.D.: Minor error in tribal search warrant did not violate Rule 41 or Fourth Amendment

By John Wesley Hall, Jr.

Defendant was the subject of a tribal telephonic search warrant that had some errors. The fact the FBI took the case over did not make the warrant subject to Rule 41. Overall, the search warrant complied with the Fourth Amendment. United States v. Medearis, 2011 U.S. Dist. LEXIS 4643 (D. S.D. January 13, 2011), R&R United States v. Medearis, 2010 U.S. Dist. LEXIS 139933 (D. S.D. October 20, 2010).* Search warrant was clearly supported by probable cause, and a mere scrivener’s error on a date was not fatal to the search. United States v. Villa verde-Leyva, 2010 U.S. Dist. LEXIS 139775 (N.D. Ga. December 8, 2010).* The consenter’s claim that her consent was coerced was not credible in light of her conflicting testimony. United States v...continue to full post

Full post as published by Fourth Amendment on January 21, 2011 (boomark / email).