{"id":10142,"date":"2014-01-06T08:04:48","date_gmt":"2014-01-05T01:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-01-04T10:17:55","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10142","title":{"rendered":"HI: Typo in date on SW not fatal; everybody knew the correct date"},"content":{"rendered":"<p>A typo in the date of a warrant (June 6th instead of July 6th) did not require suppression where there was no dispute that the warrant was signed and executed on July 6th. The affidavit referred to July 6th. This is not a constitutional or rule violation. <a href=\"http:\/\/www.courts.state.hi.us\/docs\/opin_ord\/sct\/2013\/December\/SCWC-28901.pdf\">State v. McKnight<\/a>, 2013 Haw. LEXIS 427 (December 31, 2013), aff&#8217;g  State v. McKnight, 128 Haw. 328, 289 P.3d 964 (App. 2012):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>Viewed against the foregoing authorities, the judge&#8217;s scrivener&#8217;s error did not render the warrant invalid. As stated above, in compliance with HRPP Rule 41(c), the search warrant stated that it &#8220;may be served and the search made on or before July 16, 2006, a date not to exceed ten (10) days from the issuance of this search warrant[.]&#8221; (Emphasis added). Although Judge Polak indicated on the search warrant that she signed it on June 6, 2006, no one disputes that the search warrant was in fact signed and issued on July 6, 2006. Moreover, the affidavit supporting the warrant refutes any notion that the search warrant was signed on June 6, 2006. For example, the affidavit states that &#8220;your affiant commenced the actual physical mechanics of preparing this affidavit and attached search warrant at 1330 hours, on July 06, 2006[.]&#8221; All of the facts and circumstances cited to establish probable cause occurred after June 6, 2006. It is therefore obvious that the actual issuance date could not have been June 6, 2006. It is also undisputed that the search pursuant to the warrant was conducted on July 6, 2006, which was &#8220;on or before July 16, 2006, a date not to exceed ten (10) days from the issuance of this search warrant[.]&#8221; Finally, the warrant was supported by probable cause.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10142\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-10142","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10142","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10142"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10142\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10142"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10142"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10142"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}