DE: Def doesn’t have to be named as a suspect for a SW to be valid because it’s a search for things which could be evidence

“It is Defendant’s burden to prove the warrant is unsupported by probable cause. Defendant has not met this burden. The search warrant was issued solely for the vehicle. Whether Defendant was a suspect at the time of the application for the search warrant is immaterial to an analysis of the probable cause in the warrant as to the vehicle.” The warrant was for ballistic evidence of a shooting. State v. Simpson, 2017 Del. Super. LEXIS 410 (Aug. 21, 2017).

The district court’s partial grant of suppression of the search of defendant’s car not being voluntary is affirmed. The officer never asked for consent, and defendant was merely going along. The officer told another officer that defendant had consented, but he hadn’t. United States v. Walker, 2017 U.S. App. LEXIS 16140 (5th Cir. Aug. 23, 2017).*

This entry was posted in Warrant execution, Warrant requirement. Bookmark the permalink.

Comments are closed.