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

Criminal Law

: Fourth Amendment

N.D.Cal.: SW for defendant's house for bloodstained clothing and weapon was valid

By John Wesley Hall, Jr.

The affidavit for the search warrant in a stabbing case established probable cause to search defendant’s home for evidence of the crime when they were looking for bloodstained clothing, DNA, and the weapon. [Nexus not mentioned, but that's what the court is referring to.] Gang related information was properly included in the affidavit because of what the assailant said during the attack. United States v. Guevara, 2010 U.S. Dist. LEXIS 107856 (N.D. Cal. September 28, 2010): Here, the warrant was not overbroad as there was probable cause to seize all items described in the warrant — a DNA sample, a knife or similar cutting instrument (the suspect weapon), bloodstained clothing that may have been worn during the stabbings, and items related to Mara Salvatrucha...continue to full post

Full post as published by Fourth Amendment on October 14, 2010 (boomark / email).