S.D.Ohio: Alleged 4A violation doesn’t create a lack of subject matter jurisdiction

A Fourth Amendment violation in a case, among other things, does not create a lack of jurisdiction. Forrest v. United States, 2021 U.S. Dist. LEXIS 232495 (S.D.Ohio Dec. 6, 2021). [Prospective clients still ask this here, as little as a month ago.]

The fact the witness who saw the person he believed was defendant fleeing a commercial burglary did not lack probable cause because the description of hair color and jacket color was off when the witness actually identified him. State v. Wood, 2021 N.M. App. LEXIS 66 (Dec. 6, 2021).*

There were false statements in the affidavit for search warrant, but, even removing them, probable cause remains. United States v. Covington, 2021 U.S. Dist. LEXIS 232510 (E.D.Pa. Dec. 6, 2021).*

This entry was posted in Probable cause. Bookmark the permalink.

Comments are closed.