{"id":50958,"date":"2021-12-31T10:29:13","date_gmt":"2021-12-31T15:29:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50958"},"modified":"2021-12-31T10:29:13","modified_gmt":"2021-12-31T15:29:13","slug":"in-even-with-a-typo-in-the-address-of-the-place-to-be-searched-in-the-warrant-the-correct-otherwise-particularly-described-place-was-searched","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=50958","title":{"rendered":"IN: Even with a typo in the address of the place to be searched in the warrant, the correct otherwise particularly described place was searched"},"content":{"rendered":"\n<p>The address on the search warrant was wrong, but the physical description for defendant\u2019s place was different than place with the wrong address. Defendant\u2019s place was the target and it was searched under the warrant. The search warrant was sufficiently particular, even with the wrong address. <a href=\"https:\/\/public.courts.in.gov\/Decisions\/api\/Document\/Opinion?Id=lglUq2CdQMxswb0H7bmcpmr6Re7iiSVsCJjGNxCTqQ8rETAWAU9ehNIdeuVXeHSA0\">Lundquist v. State<\/a>, 2021 Ind. App. LEXIS 407 (Dec. 30, 2021).<\/p>\n\n\n\n<p>The court finds the third party consenter did so on the totality of circumstances. It seems she was a regular marijuana user, and there was a marijuana smell about her car, but there\u2019s no evidence she was under the influence at the time of the consent. Miranda warnings are not required to validate consent. United States v. Mason, 2021 U.S. Dist. LEXIS 246378 (M.D.Ga. Dec. 28, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s jail cell was searched with a warrant and non-privileged documents were seized. The terms of the search warrant were not violated in the search. Bowie v. Lee, 2021 U.S. Dist. LEXIS 246647 (S.D.N.Y. Dec. 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The address on the search warrant was wrong, but the physical description for defendant\u2019s place was different than place with the wrong address. Defendant\u2019s place was the target and it was searched under the warrant. The search warrant was sufficiently &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=50958\">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":[24,65,28,37],"tags":[],"class_list":["post-50958","post","type-post","status-publish","format-standard","hentry","category-consent","category-particularity","category-voluntariness","category-warrant-requirement"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50958","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=50958"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50958\/revisions"}],"predecessor-version":[{"id":50959,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50958\/revisions\/50959"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50958"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50958"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50958"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}