{"id":25029,"date":"2016-12-27T00:10:08","date_gmt":"2016-12-27T05:10:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25029"},"modified":"2016-12-27T06:27:06","modified_gmt":"2016-12-27T11:27:06","slug":"d-v-i-telephonic-warrant-requirements-were-complied-with-and-gfe-didnt-apply","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25029","title":{"rendered":"D.V.I.: Telephonic warrant requirements were complied with and GFE didn’t apply"},"content":{"rendered":"

The telephonic search warrant here failed the requirements of Rule 41, including the verbatim reading of the warrant to the issuing judge, and didn\u2019t mention that they also wanted to search a car that was omitted from the warrant. The good faith exception didn\u2019t apply either. (The court granted defendant\u2019s motion to suppress in part on February 22, 2013, and entered the order December 10, 2016.). United States v. Mejia, 2016 U.S. Dist. LEXIS 172575 (D.V.I. Dec. 10, 2016).<\/p>\n

While the search warrant may have been invalid for lack of probable cause, the defendant\u2019s written consent moots that issue and the good faith exception would likely apply. United States v. Luke, 2016 U.S. Dist. LEXIS 171320 (E.D. Ky. Dec. 9, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The telephonic search warrant here failed the requirements of Rule 41, including the verbatim reading of the warrant to the issuing judge, and didn\u2019t mention that they also wanted to search a car that was omitted from the warrant. The … 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":[15,11,37],"tags":[],"class_list":["post-25029","post","type-post","status-publish","format-standard","hentry","category-f-r-crim-p-41","category-good-faith-exception","category-warrant-requirement"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25029","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=25029"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25029\/revisions"}],"predecessor-version":[{"id":25040,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25029\/revisions\/25040"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25029"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25029"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25029"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}