Defendant does not get discovery of every search warrant affidavit over the last 2½ years prepared by the detective in this case. “Defendant has offered no justification for the request of all affidavits prepared by Detective Jackson over the last two and one half years, and it is difficult to discern how the requested information would materially affect the defense. A determination of the legal sufficiency of a search warrant is based upon an objective assessment of the information available to the magistrate at the time of the issuance of the search warrant. In this case, information derived from an affidavit prepared by Detective Jackson was the basis of the magistrate’s finding of probable cause. … The contents of other affidavits prepared by Detective Jackson in other criminal cases would have no material impact on the determination of the legal sufficiency of the search warrant issued in Defendant’s case.” United States v. Jackson, 2021 U.S. Dist. LEXIS 160155 (D.S.C. Aug. 24, 2021).
The government established that the officer smelled marijuana coming from defendant’s car, and that gave probable cause for the search of the car. Defendant’s credibility attack fails. United States v. Vereen, 2021 U.S. Dist. LEXIS 159912 (S.D.N.Y. Aug. 23, 2021).*