NY3: SW for evidence of robbery (stolen property and mask) found def’s cell phone with image of him wearing the mask on its wallpaper

A search warrant in a robbery case looked for stolen property and the mask involved. When police executed the warrant, they found his cell phone with him wearing the mask as the wallpaper image on the phone. “We find without merit defendant’s contention that the search warrant application was insufficient as a matter of law because it relied on hearsay. In our opinion, it is unclear what hearsay defendant is referring to, as he makes only a cursory mention of this in his brief. Regardless, ‘an affidavit by a police officer which is based upon the observations made by a fellow police officer when the two are engaged in a common investigation furnishes a reliable basis for the warrant’”. [Nearly all warrants are based on hearsay.] Defendant’s lack of probable cause claim wasn’t made below and wasn’t preserved. People v. Montgomery, 2024 NY Slip Op 03781, 2024 N.Y. App. Div. LEXIS 3843 (3d Dept. July 11, 2024).

Allowing a police dog to continue biting a suspect violates clearly established law. Rosenbaum v. City of San Jose, 2024 U.S. App. LEXIS 16975 (9th Cir. July 11, 2024).*

There was probable cause for this warrant, and, even if not, reliance on it was in good faith. United States v. Gladden, 2024 U.S. App. LEXIS 16997 (11th Cir. July 11, 2024).*

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