The search warrant for defendant\u2019s new place was issued a year after the crime, but the affidavit showed the police they were involved in a long and intense investigation. Moreover, some specific evidence had not been located, and, even though defendant moved in the meantime, it was reasonable to believe it was still with him at the new address. Moreover, the good faith exception applies. United States v. Rodriguez, 2023 U.S. Dist. LEXIS 77587 (W.D.N.Y. May 3, 2023).<\/p>\n\n\n\n
The indictment properly alleged a conspiracy under \u00a7 241 to violate someone\u2019s Fourth Amendment rights. It doesn\u2019t have to succeed to be a crime. \u201cAlthough subjective intent is normally irrelevant under the exclusionary rule, in a civil rights prosecution \u2018courts may inquire whether the officer acted with a corrupt, personal, and pecuniary purpose.\u2019\u201d United States v. Kaneshiro, 2023 U.S. Dist. LEXIS 77538 (D. Haw. May 2, 2023).<\/p>\n","protected":false},"excerpt":{"rendered":"
The search warrant for defendant\u2019s new place was issued a year after the crime, but the affidavit showed the police they were involved in a long and intense investigation. Moreover, some specific evidence had not been located, and, even though … Continue reading