CA4: Def’s cross of officer at trial on SW affidavit “opened the door” to def’s priors

Defendant’s cross examination of the officer who authored the affidavit for the search warrant to attack his credibility by the affidavit “opened the door” to defendant’s other crimes which were admitted under 404(b) on the government’s request on redirect. United States v. Birchette, 2018 U.S. App. LEXIS 31513 (4th Cir. Nov. 7, 2018).

The trial court’s review of the magistrate’s determination of probable cause should have been deferential and not de novo. There was a substantial basis for probable cause. People v. Cox, 2018 CO 88, 2018 Colo. LEXIS 905 (Nov. 5, 2018).

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