{"id":56477,"date":"2023-12-07T15:24:47","date_gmt":"2023-12-07T20:24:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56477"},"modified":"2023-12-08T08:35:03","modified_gmt":"2023-12-08T13:35:03","slug":"md-false-information-in-cold-case-arrest-warrant-suppresses-statement-made-on-arrest","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56477","title":{"rendered":"MD: False information in cold case arrest warrant suppresses statement made on arrest"},"content":{"rendered":"\n

17-year-old information from an admittedly unreliable CI who had the information two-three years before telling in 2008 coupled with a false statement in an affidavit for warrant about an identification that was just wrong did not provide probable cause for defendant\u2019s arrest in 2022. Officers had a warrant, but it was unconstitutional because of the false statement. Trying independent source, that fails too, as does the good faith exception. State v. Lewis<\/a>, 2023 Md. App. LEXIS 833 (Dec. 5, 2023).<\/p>\n\n\n\n

The affidavit for warrant\u2019s misstatements were not material to the finding of probable cause. The warrantless entry into the house did not factor into the search warrant application. United States v. Vetaw, 2023 U.S. Dist. LEXIS 216972 (D. Kan. Dec. 6, 2023).*<\/p>\n\n\n\n

Under all the circumstances, defendant\u2019s initial encounter with the officer was consensual because he was not \u201cstopped.\u201d Also, \u201cWe conclude that the trial court did not plainly err in denying Defendant’s pretrial motion to suppress. Even though the suppression order contains an erroneous finding of fact and conclusion of law, the trial court appropriately denied Defendant’s motion to suppress because the deputies did not violate Defendant’s Fourth Amendment rights.\u201d State v. Williams, 2023 N.C. App. LEXIS 783 (Dec. 5, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

17-year-old information from an admittedly unreliable CI who had the information two-three years before telling in 2008 coupled with a false statement in an affidavit for warrant about an identification that was just wrong did not provide probable cause for … Continue reading →<\/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":[24,21],"tags":[],"class_list":["post-56477","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56477","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=56477"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56477\/revisions"}],"predecessor-version":[{"id":56490,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56477\/revisions\/56490"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56477"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56477"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56477"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}