LA2: Error of other references of name of person to be searched in SW was correctable at suppression hearing

The search warrant for blood was based on a template that had the name of another person in the warrant too. This was a mere typographical error that was correctable by the court [citing no case law at all]. State v. Green, 91 So. 3d 315 (La. App. 2 Cir. 2012):

The blood sample taken from the defendant was withdrawn pursuant to a warrant issued based on a probable cause affidavit. The affidavit submitted in support of the warrant application inadvertently contained in several places the name of an individual not associated with the case. The attesting officer utilized a template to generate the affidavit and failed to change the name of the accused to the defendant’s name in several places. The affidavit, however, also contained the name, date of birth and address of the defendant, sufficiently describing the defendant as the person from whom evidence was being sought. In addition, the search warrant contained only the name of the defendant. Since it is apparent from the four corners of the affidavit that the defendant was the individual from whom the evidence was to be seized, the mistaken references to the other individual are not fatal to the affidavit.

Defendant’s tractor trailer logbooks made little sense and also showed that defendant came from California heading to Miami, but he’d gone through Montana. Defendant couldn’t account for his downtime, and the officer brought the defendant between the vehicles to talk to him. He asked for consent to use a drug dog which defendant consented to. Freeman v. State, 2012 Ark. App. 144, 391 S.W.3d 682 (2012).*

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