CA1: Burden on “neutral and detached magistrate” is on defense, and here the showing was speculative

The search warrant issuing magistrate’s husband was a doctor and a potential victim of a DoS cyberattack at a children’s hospital in Boston, allegedly perpetrated for personal reasons. The claim the USMJ was not neutral and detached is speculative. “But Gottesfeld identified no evidence to suggest that the magistrate judge’s spouse was actually affected by the cyberattack in any substantial manner.” United States v. Gottesfeld, 2021 U.S. App. LEXIS 33013 (1st Cir. Nov. 5, 2021).

Maybe why to lot pursue a likely frivolous motion to suppress a confession and search warrant: “As soon as defense counsel had the police report in hand, he informed Petitioner that it would be very difficult to prevail at trial because of the officer’s claims regarding Petitioner’s confession. In light of Petitioner’s insistence that he was innocent and his claim that the confession report was manufactured, counsel proceeded with the preliminary examination for the purpose of exploring with the investigating officers their testimony regarding the search warrant and the confession, in the hope of finding a basis to suppress the evidence and the confession. That effort did not succeed, and it carried a real cost: the prosecutor added the felony-firearm count.” White v. Rewerts, 2021 U.S. Dist. LEXIS 214124 (W.D.Mich. Nov. 5, 2021).

This entry was posted in Burden of proof, Motion to suppress, Neutral and detached magistrate. Bookmark the permalink.

Comments are closed.