{"id":43830,"date":"2020-05-21T11:38:16","date_gmt":"2020-05-21T16:38:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43830"},"modified":"2020-05-21T11:38:16","modified_gmt":"2020-05-21T16:38:16","slug":"ny2-inclusion-of-some-unauthorized-persons-in-the-list-of-those-to-execute-the-sw-doesnt-void-it","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=43830","title":{"rendered":"NY2: Inclusion of some unauthorized persons in the list of those to execute the SW doesn&#8217;t void it"},"content":{"rendered":"\n<p>The search warrant here was directed to local police officers, the state police, and a special operations group of the sheriff\u2019s office which included correctional officers which were not LEOs capable of executing warrants. Their inclusion didn\u2019t void the warrant. <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2020\/2020_02943.htm\">People v. Ward<\/a>, 2020 NY Slip Op 02943, 2020 N.Y. App. Div. LEXIS 3016 (2d Dept. May 20, 2020).<\/p>\n\n\n\n<p>The officer here had reasonable suspicion to talk to defendant from seeing what was apparently a bag of crack sitting in his lap. The search of defendant\u2019s car was by consent, and the search of his person and other belongings was justified as a search incident. <a href=\"https:\/\/www2.ca3.uscourts.gov\/opinarch\/192050np.pdf\">United States v. Mosley<\/a>, 2020 U.S. App. LEXIS 16095 (3d Cir. May 20, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant here was directed to local police officers, the state police, and a special operations group of the sheriff\u2019s office which included correctional officers which were not LEOs capable of executing warrants. Their inclusion didn\u2019t void the warrant. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=43830\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[35,16],"tags":[],"class_list":["post-43830","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43830","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=43830"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43830\/revisions"}],"predecessor-version":[{"id":43831,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43830\/revisions\/43831"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43830"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}