Remote communication technology has been used for court proceedings under Covid. It is expressly authorized for many other proceedings, including issuance of search warrants. The swearing of the affiant can be remote. Use of Remote Communications Technology, 2021 S.C. LEXIS 114 (Aug. 27, 2021).
“Here, the Court concludes that the issuing judge had a substantial basis for concluding that probable cause existed. The four corners of the affidavit support a conclusion that there was a fair probability that evidence of a crime would be found in Room 35 of the Tewa hotel.” The CI’s information was sufficiently corroborated. Defendant’s Franks challenge is that it’s all made up: “As to the first step identified in Herrera, Defendant has not supported his allegation that the affidavit was entirely false with an offer of proof or other evidence.” United States v. Jones, 2021 U.S. Dist. LEXIS 162947 (D.N.M. Aug. 27, 2021).*