NY4: Minor typos in SW application don’t void the warrant

“We reject defendant’s contention that the search warrant for his cell phones was issued without probable cause. According ‘great deference to the issuing [Justice]’ …, we conclude that Supreme Court properly determined that there was sufficient information in the warrant application to support a reasonable belief that evidence of a crime was on defendant’s cell phones …. Contrary to defendant’s related contention, we conclude that the “‘[m]inor discrepancies or misstatements [in the application] do not amount to egregious inaccuracies affecting [the] probable cause determination”’ ….” People v. Miller, 2021 NY Slip Op 06236, 2021 N.Y. App. Div. LEXIS 6291 (4th Dept. Nov. 12, 2021).

Officers got a search warrant for defendant’s jail cell and seized rap lyrics that were inculpatory to the crime. On 2254, the search claim would have failed. The question was admissibility at trial, not the search itself, and they probably would have been admitted. Woodson v. Clarke, 2021 U.S. Dist. LEXIS 218284 (E.D.Va. Nov. 9, 2021).*

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