The initial SW had an incorrect address, right number, wrong street. When the officer found out, he went back to the magistrate to get it reissued. The warrant was with probable cause, and the good faith exception applies. United States v. Woods, 2011 U.S. Dist. LEXIS 132437 (S.D. Fla. November 3, 2011), adopted 2011 U.S. Dist. LEXIS 132443 (S.D. Fla. November 16, 2011)* (If anything, the good faith exception should apply. What more can one ask for than to have the officer go back to the issuing judge and get it reissued for the correct address? What more could he do? To me, this isn’t even a close case.)<\/p>\n
Defendant\u2019s patdown was with reasonable suspicion. He was in a high crime area, and it certainly appeared to the officer that a hand-to-hand transaction just occurred. Tolbert v. State<\/a>, 2011 Ala. Crim. App. LEXIS 98 (August 26, 2011).* <\/p>\n Defendant\u2019s detention in the backseat of a locked squad car\u2014where arrested individuals were detained\u2014and the presence of twice as many law-enforcement officers as detainees at the scene created a \u201cpolice-dominated atmosphere\u201d suggesting custody and reinforced to defendant that she was targeted by the investigation. By the time defendant confessed, her detention could no longer be fairly characterized as an ordinary traffic stop. Defendant was questioned while in custody without receiving Miranda warnings and waiving her right against self-incrimination and her right to counsel. People v. Jordan<\/a>, 2011 Ill. App. LEXIS 1174, 2011 IL App (4th) 100629 (November 14, 2011).<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading