{"id":46954,"date":"2021-01-21T11:35:55","date_gmt":"2021-01-21T16:35:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46954"},"modified":"2021-01-23T08:06:28","modified_gmt":"2021-01-23T13:06:28","slug":"ar-wrong-address-on-sw-not-fatal-where-affiant-was-executing-officer-and-it-was-the-right-place","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=46954","title":{"rendered":"AR: Wrong address on SW not fatal where affiant was executing officer and the right place was searched"},"content":{"rendered":"\n

The wrong address on the search warrant didn\u2019t make the warrant unparticular where the officer applying for the search warrant observed two controlled buys there from a distance and then executed the warrant on the right place. Kellensworth v. State<\/a>, 2021 Ark. 5, \u00a02021 Ark. LEXIS 15<\/a> (Jan. 21, 2021): <\/p>\n\n\n\n\n\n\n\n

Here, Agent Keathley twice watched the informant enter Kellensworth\u2019s mobile home to buy drugs. Agent Smith watched once. Using this information, Agent Smith then applied for the search warrant. Both agents executed the warrant in person. There was minuscule risk the agents would search the wrong mobile home. We have noted before that \u201ca search warrant is not automatically rendered invalid if it contains an incorrect address of the property to be searched.\u201d Ritter v. State, 2011 Ark. 427, at 7, 385 S.W.3d 740, 744. There, we found the incorrect address on the warrant \u201cwas mitigated by the fact that the officers executing the warrant personally knew which premises were to be searched.\u201d Id. at 8, 385 S.W.3d at 745.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The wrong address on the search warrant didn\u2019t make the warrant unparticular where the officer applying for the search warrant observed two controlled buys there from a distance and then executed the warrant on the right place. Kellensworth v. State, … 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":[65],"tags":[],"class_list":["post-46954","post","type-post","status-publish","format-standard","hentry","category-particularity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46954","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=46954"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46954\/revisions"}],"predecessor-version":[{"id":46970,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46954\/revisions\/46970"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46954"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46954"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46954"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}