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E.D.Pa.: Probation violation SW was issued with RS and good faith

By John Wesley Hall, Jr.

Search warrant issued for a probation violator based on an anonymous letter with a wealth of detail about defendant, including his case number, was sufficient with reasonable suspicion. An anonymous telephone call did not measure up. Also, the good faith exception applied to this probation violation search warrant. United States v. Griswold, 2010 U.S. Dist. LEXIS 73142 (E.D. Pa. July 20, 2010).* Franks motion fails without some kind of statement in support or an offer of proof of what would be shown. United States v. Rivera-Hidalgo, 2010 U.S. Dist.LEXIS 73101 (W.D. Mich. July 20, 2010)*: Defendant has set forth no factual detail, let alone evidentiary support, indicating that the warrant affidavit contains a false statement made knowingly and intentionally, or with reckless disregard for the truth...continue to full post

Full post as published by Fourth Amendment on July 23, 2010 (boomark / email).