{"id":57079,"date":"2024-02-14T09:53:08","date_gmt":"2024-02-14T14:53:08","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57079"},"modified":"2024-02-14T12:23:22","modified_gmt":"2024-02-14T17:23:22","slug":"de-def-cant-show-vindictive-prosecution-to-get-names-of-those-who-allegedly-provided-false-inform-to-police-for-sw-of-public-records","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=57079","title":{"rendered":"DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records"},"content":{"rendered":"\n

In a case involving a public official accused of misappropriating funds, there was a search warrant for office records. She claimed she was entitled to the names of those who might have provided false information to investigators for the warrant claiming that it would support a vindictive prosecution framing it as a Brady claim. She fails on that it was even vindictive. McGuiness v. State<\/a>, 2024 Del. LEXIS 48 (Feb. 13, 2024).<\/p>\n\n\n\n

Defendant claims on post-conviction that his reasonable expectation of privacy was violated by video recording his drug deals with the informant. This was waived by his guilty plea. Netherland v. State, 2024 Miss. App. LEXIS 56 (Feb. 13, 2024).*<\/p>\n\n\n\n

A de minimus traffic offense still justifies a stop and doesn\u2019t support a pretext claim. \u201cHowever, even if Trooper Siterlet had an ulterior motive when he pulled the Equinox over\u2014a factual conclusion the record in no way supports\u2014his \u2018actual subjective motivation\u2019 is irrelevant to the stop’s constitutionality under the Fourth Amendment.\u201d Reasonable suspicion here ripened into probable cause. United States v. Andrews, 2024 U.S. Dist. LEXIS 25045 (E.D. Mich. Feb. 13, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

In a case involving a public official accused of misappropriating funds, there was a search warrant for office records. She claimed she was entitled to the names of those who might have provided false information to investigators for the warrant … 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":[21,44,18,35],"tags":[],"class_list":["post-57079","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-informant-hearsay","category-reasonable-expectation-of-privacy","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57079","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=57079"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57079\/revisions"}],"predecessor-version":[{"id":57082,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57079\/revisions\/57082"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57079"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57079"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57079"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}