D.Vt.: Affidavit for arrest warrant shows PC for some crime; alleged technical problems don’t matter

There was probable cause for defendant’s arrest for second degree murder. The affidavit need only show probable cause for some crime, and technical deficiencies don’t matter. United States v. Felix, 2021 U.S. Dist. LEXIS 188274 (D.Vt. Sept. 30, 2021):

Assuming arguendo a discrepancy exists between the warrant and affidavit, it is well-established that “inaccuracies or ambiguities in a warrant do not necessarily render a warrant invalid under the Fourth Amendment.” United States v. Voustianiouk, 685 F.3d 206, 212 (2d Cir. 2012) (citations omitted). Stated differently, the fact that an arrest warrant lists the wrong crime does not automatically make it invalid. See United States v.Tramunti, 513 F .2d 1087, 1115 (2d Cir. 1975) (“The fact that the warrant referred to the wrong charge [jumping bail rather than a violation of federal narcotics law] does not make it invalid here.”). “The true inquiry … is … whether there has been such a variance as to affect the substantial rights of the accused.” United States v. Carter, 756 F .2d 310, 313 (3d Cir. 1985) (alterations in original) (internal quotation marks and citations omitted) (upholding arrest warrant that listed incorrect date of crime). The court agrees with the government that the “substantial rights” of Defendant Ford were not affected by any difference between the crime at issue in the arrest warrant and Dalla Mura Affidavit. Defendant Ford does not contend otherwise.