Daily Archives: May 1, 2023

CAAF: The methodology of a search doesn’t have to be the best to still be reasonable

A flashing incident on a Marine base in December 2018 led to a search authorization of defendant’s cell phone. The images on the phone were first sorted by size instead of date, and that led to accidentally discovering an apparent … Continue reading

Posted in Overseizure, Plain view, feel, smell, Warrant execution | Comments Off on CAAF: The methodology of a search doesn’t have to be the best to still be reasonable

CO: Typo in date (9/9 v. 9/30) in SW affidavit could be overlooked by other contents referring to previous few hours; GFE also applies

The typographical error in the affidavit showing the date as September 9th when it should have been September 30th could be overlooked because the affidavit as a whole referred to the previous few hours, and the good faith exception applies. … Continue reading

Posted in Good faith exception, Probation / Parole search, Staleness, Warrant papers | Comments Off on CO: Typo in date (9/9 v. 9/30) in SW affidavit could be overlooked by other contents referring to previous few hours; GFE also applies