WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law

The officer obtaining the search warrant here was found to have mistakenly testified in federal court that he did not personally present this warrant to the magistrate. Admission of that mistake was credited here that he did present the affidavit. The motion to suppress was properly denied. State v. Parrish, 2022 W. Va. LEXIS 75 (Jan. 12, 2022).*

Defendant’s argument that the officers weren’t credible for the reason for his stop is rejected. They had a description of a vehicle with an LPN they were directed to stop, and defendant was driving it. Once stopped, defendant’s furtive movements were reasonable suspicion. Then the officers found outstanding warrants, and that led to a search. United States v. Davis, 2021 U.S. Dist. LEXIS 250371 (E.D.Mo. Dec. 23, 2021).*

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