{"id":14012,"date":"2014-11-02T09:37:29","date_gmt":"2014-11-02T14:37:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=14012"},"modified":"2014-11-02T10:43:27","modified_gmt":"2014-11-02T15:43:27","slug":"tx8-that-person-signing-affidavit-for-sw-was-different-that-one-named-at-top-didnt-matter-its-an-oath","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=14012","title":{"rendered":"TX8: That person signing affidavit for SW was different than one named at top didn’t matter–it’s an oath"},"content":{"rendered":"

The officer named as the affiant wasn\u2019t the one who signed the affidavit for search warrant. That wasn\u2019t material because was an oath by somebody. Patterson v. State<\/a>, 2014 Tex. App. LEXIS 11996 (Tex. App.\u2013El Paso October 31, 2014).<\/p>\n

A dog alerted on defendant\u2019s luggage at San Juan airport, and the luggage was removed to the Drug Unit Office in the airport. When defendant tried to claim his bags, drug officer encountered him and told him to come to identify it. \u201cDefendant does not allege that he was not free to leave once he arrived at the Drug Unit Office to identify his luggage; the mere fact that he identified the luggage as his own in the Drug Unit Office as opposed to a public area does not indicate that he was in custody [for Miranda purposes].\u201d United States v. Robles-Castro, 2014 U.S. Dist. LEXIS 153956 (D. P.R. August 14, 2014).*<\/p>\n

Defendant\u2019s laptop was evidence in his child pornography case where he was convicted, and he can\u2019t get it back now under Rule 41(g) because it was contraband and his \u201cunclean hands.\u201d United States v. Mooney<\/a>, 2014 U.S. App. LEXIS 20747 (11th Cir. October 30, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The officer named as the affiant wasn\u2019t the one who signed the affidavit for search warrant. That wasn\u2019t material because was an oath by somebody. Patterson v. State, 2014 Tex. App. LEXIS 11996 (Tex. App.\u2013El Paso October 31, 2014). A … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[67,69,37],"tags":[],"class_list":["post-14012","post","type-post","status-publish","format-standard","hentry","category-rule-41g-return-of-property","category-seizure","category-warrant-requirement"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14012","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=14012"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14012\/revisions"}],"predecessor-version":[{"id":14022,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/14012\/revisions\/14022"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=14012"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=14012"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=14012"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}