There was a typo on the warrant when created by the Magistrate. It said it had to be executed by \u201cJune 13\u201d but it was issued after that and obviously should have said \u201cJuly 13.\u201d The error was caught by the affiant officer and the USMJ corrected before it left the courthouse. Defendant argued that it made the warrant void as a matter of law, but it isn\u2019t. There\u2019s no dispute from the defense there was probable cause. \u201cThus, the minor technicality does not, as a matter of law, render the search warrant defective.\u201d United States v. Patterson, 2017 U.S. Dist. LEXIS 196490 (E.D. Va. Nov. 29, 2017). [There is nothing wrong with handwritten changes on the papers when the warrant leaves for execution. If anything, it proves that the issuing magistrate did his or her job.]<\/p>\n
Defendant stopped his car because he was having a \u201cmedical episode\u201d because of diabetes. When the door of the car was opened, the smell of marijuana was obvious. That justified a search of the car and then its impoundment, and a gun was found and defendant was a felon in possession. State v. Perdue<\/a>, 2017-Ohio-8762, 2017 Ohio App. LEXIS 5198 (2d Dist. Dec. 1, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":" There was a typo on the warrant when created by the Magistrate. It said it had to be executed by \u201cJune 13\u201d but it was issued after that and obviously should have said \u201cJuly 13.\u201d The error was caught by … Continue reading