AK: Misspelling of target name in a warrant to record a conversation didn’t void the warrant when right person was recorded

Officers obtained a warrant under state law to record a future conversation with defendant about his alleged sexual assault of a passed out woman, but they didn’t have the spelling right (Darren, not Darin) and a wrong middle initial. There actually was another person with the wrong spelling in the area. The right person was recorded. The mistake of the spelling of the name in the warrant did not void it or make it not particular. Cleveland v. State, 2020 Alas. App. LEXIS 48 (July 2, 2020).

Defendant didn’t show that defense counsel was ineffective for not filing a motion to suppress that wouldn’t have prevailed. Monk v. United States, 2020 U.S. Dist. LEXIS 116544 (W.D. N.Y. July 2, 2020).*

This entry was posted in Ineffective assistance, Particularity. Bookmark the permalink.

Comments are closed.