{"id":47336,"date":"2021-02-19T08:12:55","date_gmt":"2021-02-19T13:12:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47336"},"modified":"2021-02-26T10:55:47","modified_gmt":"2021-02-26T15:55:47","slug":"s-d-n-y-brady-violation-included-review-of-raw-state-search-warrant-returns-disclosed-during-trial","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=47336","title":{"rendered":"S.D.N.Y.: <em>Brady<\/em> violation included govt&#8217;s review of &#8220;raw state search warrant returns&#8221; disclosed during trial"},"content":{"rendered":"\n<p>The government disclosed an exculpatory document during trial and buried in a disclosure of previously disclosed information. \u201cAstonishingly, even in its latest filings, the Government has informed the Court of yet another failure of disclosure in this case related to the FBI&#8217;s review of raw state search-warrant returns.\u201d The government owned up and moved to dismiss the case after the jury convicted. Granted, and government referred to OPR. <a href=\"https:\/\/blog.federaldefendersny.org\/wp-content\/uploads\/2021\/02\/Sadr-opinion.pdf\">United States v. Nejad<\/a>, 2021 U.S. Dist. LEXIS 29580 (S.D. N.Y. Feb. 17, 2021), prior order <a href=\"https:\/\/www.nysd.uscourts.gov\/sites\/default\/files\/2020-07\/USA%20v.%20Nejad%2C%2018-cr-224%20%28AJN%29.pdf\">here<\/a>.<\/p>\n\n\n\n<p>Officers hearing shots fired saw defendant in the vicinity of the shots. Defendant wasn\u2019t seized when officers encountered him while they were in their police car and requested he lift his shirt. He revealed his right waistband. They asked to see the left, too, and then he ran off dropping something with a metallic sound. A gun was recovered. When he was apprehended, he was searched incident to the arrest and drugs were found. The encounter was reasonable and escalated when defendant ran. United States v. Wade, 2021 D.C. Super. LEXIS 5 (Feb. 12, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The government disclosed an exculpatory document during trial and buried in a disclosure of previously disclosed information. \u201cAstonishingly, even in its latest filings, the Government has informed the Court of yet another failure of disclosure in this case related to &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=47336\">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-47336","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\/47336","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=47336"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47336\/revisions"}],"predecessor-version":[{"id":47463,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47336\/revisions\/47463"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47336"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47336"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47336"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}