E.D.Va.: Corrected typo on SW’s execution date was proper and didn’t void warrant

There was a typo on the warrant when created by the Magistrate. It said it had to be executed by “June 13” but it was issued after that and obviously should have said “July 13.” The error was caught by the affiant officer and the USMJ corrected before it left the courthouse. Defendant argued that it made the warrant void as a matter of law, but it isn’t. There’s no dispute from the defense there was probable cause. “Thus, the minor technicality does not, as a matter of law, render the search warrant defective.” United States v. Patterson, 2017 U.S. Dist. LEXIS 196490 (E.D. Va. Nov. 29, 2017). [There is nothing wrong with handwritten changes on the papers when the warrant leaves for execution. If anything, it proves that the issuing magistrate did his or her job.]

Defendant stopped his car because he was having a “medical episode” because of diabetes. When the door of the car was opened, the smell of marijuana was obvious. That justified a search of the car and then its impoundment, and a gun was found and defendant was a felon in possession. State v. Perdue, 2017-Ohio-8762, 2017 Ohio App. LEXIS 5198 (2d Dist. Dec. 1, 2017).*