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D.S.D.: Mistake as to address cured by attached photographs and prior surveillance

By John Wesley Hall, Jr.

Mistake in the address (3403 v. 3405) was cured by the officer’s detailed description of the place to be searched plus because the officers attached photographs of the place to be searched and they had been there for the surveillance. There was no reasonable probability the wrong place would be searched. United States v. Stiles, 2010 U.S. Dist. LEXIS 41325 (D. S.D. March 25, 2010).* Defendant had no Fourth Amendment right to resist fingerprint when he was lawfully arrested. United States v. Williams, 2010 U.S. Dist. LEXIS 40912 (E.D. Pa. April 26, 2010).* Inevitable discovery applied to officer’s following footprints from a grow operation in a field onto the curtilage. United States v. Witherspoon, 2010 U.S. Dist. LEXIS 41049 (W...continue to full post

Full post as published by Fourth Amendment on April 30, 2010 (boomark / email).