{"id":50003,"date":"2021-10-22T09:57:31","date_gmt":"2021-10-22T14:57:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50003"},"modified":"2021-10-22T09:57:31","modified_gmt":"2021-10-22T14:57:31","slug":"or-when-defense-raises-lack-of-oath-or-affirmation-for-sw-burden-is-on-state-to-prove-sw-was-properly-issued","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50003","title":{"rendered":"OR: When defense raises lack of oath or affirmation for SW, burden is on state to prove SW was properly issued"},"content":{"rendered":"\n

When the defense challenges the validity of the warrant for lack of oath or affirmation, that\u2019s tantamount to a warrantless search allegation, so the court concludes the burden should be on the state to go forward. State v. Perrodin<\/a>, 315 Ore. App. 252, 2021 Ore. App. LEXIS 1453 (Oct. 20, 2021).<\/p>\n\n\n\n

The drug dog\u2019s reliability was not challenged, and the video shows the alerts. The state says he alerted, the defense says not, but the credibility finding went with the alerts. \u201cBased on the exhibition of several alerts common to this dog, we find this sniff was up to snuff. Odin’s reliable alerts on the vehicle provided the officers with probable cause to search, so we affirm the denial of Carson’s motion to suppress.\u201d State v. Carson<\/a>, 2021 Iowa App. LEXIS 899 (Oct. 20, 2021).*<\/p>\n\n\n\n

While defendant was searched when he arrived at the house, he was not in custody when he was later talked to by the police. United States v. Pece, 2021 U.S. Dist. LEXIS 201672 (N.D.Ohio Oct. 20, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"

When the defense challenges the validity of the warrant for lack of oath or affirmation, that\u2019s tantamount to a warrantless search allegation, so the court concludes the burden should be on the state to go forward. State v. Perrodin, 315 … 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":[117,20,37],"tags":[],"class_list":["post-50003","post","type-post","status-publish","format-standard","hentry","category-custody","category-probable-cause","category-warrant-requirement"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50003","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=50003"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50003\/revisions"}],"predecessor-version":[{"id":50004,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50003\/revisions\/50004"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50003"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50003"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50003"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}