{"id":6626,"date":"2014-01-04T10:21:09","date_gmt":"2012-02-04T08:22:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-04T08:22:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6626","title":{"rendered":"HI: Typo in date on SW not fatal"},"content":{"rendered":"

A typographical error by the judge in the date of the search warrant does not invalidate it. This issue, too, is covered by the good faith exception, and it makes no sense to suppress based on this. \u201cCourts from other jurisdictions have concluded that a clerical or scrivener’s error does not justify invalidating the warrant and suppressing evidence obtained pursuant to the warrant. E.g., State v. Dalton<\/a>, 887 P.2d 379 (Or. Ct. App. 1994); State v. Steffes<\/a>, 887 P.2d 1196, 1210 (Mont. 1994).\u201d State v. McKnight<\/a>, 128 Haw. 328, 289 P.3d 964 (App. 2012), aff’d State v. McKnight<\/a>, 2013 Haw. LEXIS 427 (December 31, 2013) (posted here<\/a>):<\/p>\n

Defendant was a truck driver stopped for reported erratic driving. Although he was able to offer an innocent explanation and did not seem impaired, the officer did not have to accept that and could inquire further. Having him pull the truck to a different place to get out of traffic was not unreasonable. State v. McCaa<\/a>, 963 N.E.2d 24 (Ind. App. 2012):<\/p>\n

Although we consider it a somewhat close call, we conclude that Sergeant Cothran was still entitled to detain McCaa for further investigation at the time he told McCaa to move his truck to the gas station. When Sergeant Cothran was speaking with McCaa for between thirty seconds and one minute, McCaa offered a seemingly plausible explanation for his erratic driving and exhibited no outward signs of impairment. A reasonable person, however, would have been entitled to doubt McCaa’s story. First, although plausible, the story was undeniably self-serving and therefore suspect. We will not adopt the rule that reasonable suspicion vanishes as soon as a suspect offers a plausible, innocent explanation for his seemingly criminal behavior.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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