MS: No requirement that owner of property be named in a SW

Neither the Fourth Amendment nor the state constitution require that the owner of property be named in the search warrant. The factual dispute over whether a signed warrant was present at the search was found against the defendant, who also claimed to be illiterate. Lawson v. State, 2015 Miss. App. LEXIS 16 (January 13, 2015).

Defendant got into a controversy with a neighbor about estray cattle, and defendant refused to permit the owner to go on his land to look, essentially making a threat that he’d never come back from there. When the police arrived, they talked to defendant, but he was not seized until the threat was made. As for his excessive force in arrest claim, that was tried to the jury which rejected it, so that’s not a ground to suppress. State v. Brossart, 2015 ND 1, 2015 N.D. LEXIS 1 (January 12, 2015).*

Defendant had a motion to suppress, but he disagreed with how it was argued and that was IAC. He can’t show a different outcome, so he can’t show entitlement to relief. State v. Suarez, 2015-Ohio-64, 2015 Ohio App. LEXIS 53 (12th Dist. January 12, 2015).*