{"id":4681,"date":"2010-09-30T07:27:33","date_gmt":"2010-09-19T10:35:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-09-19T10:35:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4681","title":{"rendered":"S.D.Ala.: Failure to include one attachment when serving warrant not a Fourth Amendment violation"},"content":{"rendered":"<p>Where all three attachments to the application for a search warrant were presented to the USMJ, the fact one was not attached to the warrant when it was served is not a Fourth Amendment violation under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7014218382835652562&amp;q=groh&amp;hl=en&amp;as_sdt=1002\">Groh<\/a>. In re Premises Located at 200 N. Main St. Atmore, Alabama, 2010 U.S. Dist. LEXIS 97239 (S.D. Ala. August 19, 2010):<\/p>\n<blockquote><p>In this case, the Government has produced uncontroverted evidence that the search warrant application and the warrant that were presented to the undersigned Magistrate Judge included \u201cattachment A,\u201d which described the items to be seized. In addition, both the search warrant application and the warrant expressly referenced and incorporated \u201cattachment A.\u201d Accordingly, there is no question about whether the three warrants in issue were validly issued. Instead, the question is whether the failure to include \u201cattachment A\u201d with three of the warrants served on the movants amounted to a constitutional violation. Based upon the above-referenced cases, the undersigned finds that the failure to include \u201cattachment A\u201d does not establish a Fourth Amendment violation because \u201cattachment A\u201d was incorporated into the application and the warrant and specified the items to be seized.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4681\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4681","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4681","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4681"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4681\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4681"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4681"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4681"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}