Daily Archives: November 24, 2020

E.D.Wis.: Clerical error in attaching wrong SW to affidavit where there were more than one for def could be corrected

A clerical error in attaching the wrong affidavit to multiple search warrants for defendant’s property could be read through and corrected. As to the probable cause, the affidavits showed it and the good faith exception would apply. United States v. … Continue reading

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D.N.J.: “The goal is a difficult one to achieve because Franks is narrow in its scope and miserly in the relief it offers.”

After four days of suppression hearing on a Franks issue, the court doesn’t find the discrepancy to be deliberately false. “Put more directly: West doesn’t have the argument of reasonable doubt as to what the police said or did so … Continue reading

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OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

In a post-conviction case, the trial court’s order denying a motion to unseal a search warrant affidavit to facilitate his case was not a final appealable order. State v. Miller, 2020-Ohio-5383, 2020 Ohio App. LEXIS 4231 (11th Dist. Nov. 23, … Continue reading

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D.Conn.: Despite delay in seeking SW for electronics, on balance, warrant shall issue

Despite the delay in seeking a search warrant, the court finds the warrant should issue despite the delay because defendant was in custody otherwise denying him access to the property anyway. On the delay factor, investigations can’t be handed off … Continue reading

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