{"id":53465,"date":"2022-10-31T00:00:00","date_gmt":"2022-10-31T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53465"},"modified":"2022-10-31T07:45:00","modified_gmt":"2022-10-31T12:45:00","slug":"d-neb-affidavits-for-sws-are-judged-by-what-they-contain-not-what-they-lack","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=53465","title":{"rendered":"D.Neb.: Affidavits for SWs are judged by what they contain, not what they lack"},"content":{"rendered":"\n<p>Affidavits for search warrants are judged by what they contain, not what they lack. United States v. Cass, 2022 U.S. Dist. LEXIS 195502 (D. Neb. Sep. 30, 2022), adopted, 2022 U.S. Dist. LEXIS 197043 (D.Neb. Oct. 26, 2022).<\/p>\n\n\n\n<p>It was clearly established at the time that an officer putting his weight on his knee in the arrestee\u2019s back can cause compression asphyxia and death and was excessive. Perkins v. Edgar, 2022 U.S. App. LEXIS 29926 (9th Cir. Oct. 25, 2022).*<\/p>\n\n\n\n<p>Defendant abandoned the car that was searched and disclaimed any knowledge of the key found on his person which he then left behind. United States v. Lawson, 2022 U.S. App. LEXIS 29957 (11th Cir. Oct. 27, 2022).*<\/p>\n\n\n\n<p>Defendant\u2019s clothing reasonably matched the clothing of a suspect in an offense about a mile from where he was found 15 minutes later. It was enough to support a stop. United States v. Paul, 2022 U.S. Dist. LEXIS 195652 (E.D. Tenn. Sep. 26, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Affidavits for search warrants are judged by what they contain, not what they lack. United States v. Cass, 2022 U.S. Dist. LEXIS 195502 (D. Neb. Sep. 30, 2022), adopted, 2022 U.S. Dist. LEXIS 197043 (D.Neb. Oct. 26, 2022). It was &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=53465\">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":[48,52,20,35,96],"tags":[],"class_list":["post-53465","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-excessive-force","category-probable-cause","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53465","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=53465"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53465\/revisions"}],"predecessor-version":[{"id":53478,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53465\/revisions\/53478"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53465"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53465"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53465"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}