The warrant here was particular enough. It didn\u2019t just seek stolen property; it sought particular property stolen from the victim and clothing worn during the burglary caught on video. Williamson v. State, 2023 Miss. App. LEXIS 125 (Apr. 4, 2023).<\/p>\n\n\n\n
\u201cHere, the good faith exception applies. The affidavit was not devoid of any indicia of probable cause. It was not \u2018bare bones\u2019 or \u2018paltry.\u2019 \u2026 The information was particularized to Henry and plentiful. It contained information about Henry’s circumstances, prior felony conviction, and a hidden compartment in the car registered to him. The information came less than a week after Henry’s brother’s death and raised concerns that Henry would use the weapon in retaliation. The affidavit was not based solely on the tip; the officers corroborated the information received in the tip. [\u00b6] Henry presents no persuasive argument that the good faith exception should not apply.\u201d United States v. Henry, 2023 U.S. App. LEXIS 7943 (3d Cir. Apr. 4, 2023).*<\/p>\n\n\n\n
Failure to litigate a meritless Fourth Amendment claim is not ineffective assistance of counsel. Johnson v. State, 2023 Mo. App. LEXIS 221 (Ct. App. Apr. 4, 2023);* Bishop v. McDowell, 2023 U.S. App. LEXIS 7974 (9th Cir. Apr. 4, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The warrant here was particular enough. It didn\u2019t just seek stolen property; it sought particular property stolen from the victim and clothing worn during the burglary caught on video. Williamson v. State, 2023 Miss. App. LEXIS 125 (Apr. 4, 2023). … Continue reading