{"id":55862,"date":"2023-09-18T06:53:45","date_gmt":"2023-09-18T11:53:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55862"},"modified":"2023-09-18T07:05:13","modified_gmt":"2023-09-18T12:05:13","slug":"d-neb-failure-to-mention-lack-of-shotspotter-alert-in-sw-affidavit-after-seeing-defs-car-with-possible-evidence-inside-not-material","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55862","title":{"rendered":"D.Neb.: Failure to mention lack of ShotSpotter alert in SW affidavit after seeing possible evidence inside SUV not material"},"content":{"rendered":"\n<p>Police responding to a shots fired call looked through the windows of defendant\u2019s Tahoe and saw a gun magazine. Failure to mention the lack of a ShotSpotter alert wasn\u2019t material. United States v. Johnson, 2023 U.S. Dist. LEXIS 164666 (D. Neb. Sep. 15, 2023).*<\/p>\n\n\n\n<p>\u201cBurris next asserts that his attorney was ineffective for failing to move to suppress evidence seized in a search of his home conducted under a warrant. In his \u00a7 2255 motion, Burris claimed that the affidavit supporting the warrant was \u2018barebones,\u2019 but he does not explain how the affidavit was insufficient or make a substantial showing that the warrant was not supported by probable cause. \u2026 Burris also claimed that the search warrant included not his name but his codefendant&#8217;s, yet the warrant accurately described the house in which controlled drug buys had been conducted, and so counsel correctly reasoned that there was no credible probable-cause challenge to make.\u201d Burris v. United States, 2023 U.S. App. LEXIS 24535 (6th Cir. Sep. 14, 2023).*<\/p>\n\n\n\n<p>The officer knew of defendant\u2019s horrible driving record and unpaid fines, and that led to the reasonable conclusion he was driving without a valid license. He wasn\u2019t required to check on the computer, which would have only confirmed it. State v. Dixon, 2023 W. Va. LEXIS 331 (Sep. 15, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Police responding to a shots fired call looked through the windows of defendant\u2019s Tahoe and saw a gun magazine. Failure to mention the lack of a ShotSpotter alert wasn\u2019t material. United States v. Johnson, 2023 U.S. Dist. LEXIS 164666 (D. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55862\">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":[1],"tags":[],"class_list":["post-55862","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55862","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=55862"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55862\/revisions"}],"predecessor-version":[{"id":55865,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55862\/revisions\/55865"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55862"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55862"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55862"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}