{"id":56379,"date":"2023-11-20T16:30:56","date_gmt":"2023-11-20T21:30:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56379"},"modified":"2023-11-20T16:30:56","modified_gmt":"2023-11-20T21:30:56","slug":"wv-sw-for-items-that-are-also-common-to-any-home-doesnt-make-warrant-general-its-specific-enough","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56379","title":{"rendered":"WV: SW for items that are also common to any home doesn&#8217;t make warrant general; it&#8217;s specific enough"},"content":{"rendered":"\n<p>Officers had two search warrants for Gray\u2019s place, and defendant complained that the warrant described things common to any home. There was probable cause for that stuff, and there\u2019s no requirement of a more specific description. State v. Knotts, 2023 W. Va. LEXIS 477 (Nov. 17, 2023). [Why no standing?]<\/p>\n\n\n\n<p>There was probable cause for a vehicle search, so the question of whether there was a reasonable expectation of privacy in a stolen car doesn\u2019t have to be decided. United States v. Vittetoe, 2023 U.S. App. LEXIS 30751 (8th Cir. Nov. 20, 2023).*<\/p>\n\n\n\n<p>The state showed probable cause to obtain defendant\u2019s CSLI to seek to link him to the crime. People v. Cruz, 2023 NY Slip Op 05802, 2023 NY Slip Op 05802 (4th Dept. Nov. 17, 2023).*<\/p>\n\n\n\n<p>\u201cThe Court finds that the People have failed to satisfy their burden of proving that the warrantless arrest of Defendant was reasonable under the Fourth Amendment because the People have failed to show that the police&#8217;s warrantless search satisfied any of the warrant exceptions. The evidence that Defendant seeks to suppress is therefore the fruit of an unconstitutional seizure and will be suppressed.\u201d His statements thereafter too. People v. England, 2023 V.I. LEXIS 51 (Super. Ct. Nov. 16, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had two search warrants for Gray\u2019s place, and defendant complained that the warrant described things common to any home. There was probable cause for that stuff, and there\u2019s no requirement of a more specific description. State v. Knotts, 2023 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56379\">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":[50,36,84,65],"tags":[],"class_list":["post-56379","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-automobile-exception","category-cell-site-location-information","category-particularity"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56379","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=56379"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56379\/revisions"}],"predecessor-version":[{"id":56380,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56379\/revisions\/56380"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56379"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}