\u201cAs to the omissions cited by defendant, the Court concludes that they do not detract from the probable cause analysis, as such elaborate specificity is not required. See Gates, 462 U.S. at 235 (explaining that search warrant affidavits \u2018are normally drafted by nonlawyers in the midst and haste of a criminal investigation,\u2019 such that \u2018[t]echnical requirements of elaborate specificity\u2019 are not required in evaluating probable cause in a search warrant). Defendant’s assertion that the Certificates are meaningless without a signature does not persuade the Court, as it is \u2018not [to] scrutinize a warrant affidavit in a \u201chypertechnical\u201d\u2019 manner. See Sanders, 106 F.4th at 463. [\u00b6] Neither does the fact that operator of the LightLab Analyzer was not identified or that the operator’s qualifications or the specific method by which the operator tested the samples were not included in the affidavit. \u2026 And defendant does not identify any authority that would suggest that the magistrate, supplied with such information, should have asked for the qualifications of the individual with the Tennessee Dangerous Drug Task Force who tested the samples or any further information about testing before finding there was probable cause to issue the search warrant.\u201d United States v. Manning, 2024 U.S. Dist. LEXIS 155072 (E.D. Tenn. Aug. 29, 2024).<\/p>\n\n\n\n
As to handcuffs too tight during arrest, \u201cShotwell bears the burden of proving excessiveness, but he falls short. \u2026 When tight handcuffs cause only a de minimis injury, the handcuffing is not excessive. \u2026 And Shotwell admits his wrist injuries were temporary and minimal, causing only redness lasting a few hours. \u2026 That is much less than even \u2018superficial lacerations,\u2019 which themselves are not enough.\u201d Shotwell v. Del. Dep’t of Sec., 2024 U.S. Dist. LEXIS 155058 (D. Del. Aug. 28, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cAs to the omissions cited by defendant, the Court concludes that they do not detract from the probable cause analysis, as such elaborate specificity is not required. See Gates, 462 U.S. at 235 (explaining that search warrant affidavits \u2018are normally … Continue reading