{"id":3049,"date":"2009-12-22T07:49:32","date_gmt":"2009-04-09T09:04:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-04-09T09:04:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3049","title":{"rendered":"Failure to make timely return of SW to court is not a constitutional defect"},"content":{"rendered":"

Citizen informant was not subjected to the same scrutiny as a confidential informant, even if the informant is seeking revenge. But, there were other informants corroborated, too. Defects in the return of the warrant are ministerial and do not justify suppression. State v. Dietrich<\/a>, 2009 NMCA 31, 145 N.M. 733, 204 P.3d 748 (2009), certiorari denied, No. 31,524, February 17, 2009, released for publication March 31, 2009:<\/p>\n

[*17] Further, even if it appears that the informant is seeking revenge, it does not necessarily indicate a motive to falsify allegations. See People v. Isenberg, 52 Ill. App. 3d 426, 367 N.E.2d 364, 366, 9 Ill. Dec. 930 (Ill. App. Ct. 1977) (rejecting the defendant’s contention that the informant could not be reliable because he was seeking revenge on the defendant based on the informant’s brother’s hospitalization and holding that the informant could be considered an ordinary citizen); State v. Olson, 2003 MT 61, P 27, 314 Mont. 402, 66 P.3d 297 (noting that even if a citizen-informant has mixed motives, his information can still be reliable). While the fact that J.O. made allegations against Defendant while being investigated for a burglary perpetrated on Defendant’s property casts doubt on J.O.’s truthfulness, we cannot ignore that he remained a named informant and that Detective Harris further investigated and received corroborating information.<\/p><\/blockquote>\n

Smell of burnt marijuana during a traffic stop justified a search incident of the interior of defendant’s car. Defendant’s strip search that was not a body cavity search was justified by the facts. A bag of cocaine came out of his underwear. Jenkins v. State<\/a>, 970 A.2d 154 (Del. 2009).*<\/p>\n

Failure to properly return a warrant under state law does not affect the warrant in federal court if the process is otherwise constitutional. United States v. Ambrose, 2009 U.S. Dist. LEXIS 28253 (E.D. Tenn. March 30, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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