E.D.N.C.: On a video that’s integral to the PC, the reliability of the time stamp isn’t to be inquired into or it becomes a “hypertechnical” review

Defendant was on a surveillance video 33 days before a search warrant was sought for the weapon since he was a felon. The warrant was not stale because people almost always keep firearms for a long time. Defendant’s challenge to potential lack of reliability of the time stamp fails under the standard of review accorded search warrants. “Here, where an automatically generated time stamp indicated the video was recorded on April 5, 2017, and where defendant has provided no grounds for questioning the time stamp’s reliability, invalidating the warrant for this reason would be a ‘hypertechnical’ rather than a ‘commonsense’ approach to probable cause.” United States v. Covington, 2019 U.S. Dist. LEXIS 214642 (E.D. N.C. Dec. 13, 2019).

Defendant’s challenge to the probable cause for the search warrant fails because he doesn’t allege enough to show there wasn’t probable cause. Dayton v. City of Fairfield, 2019 U.S. App. LEXIS 36925 (9th Cir. Dec. 13, 2019).*

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