{"id":13468,"date":"2014-09-28T11:14:45","date_gmt":"2014-09-28T16:14:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13468"},"modified":"2014-09-28T12:13:28","modified_gmt":"2014-09-28T17:13:28","slug":"d-n-d-failure-to-record-conversation-with-usmj-that-address-needed-correction-not-ground-to-suppress","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13468","title":{"rendered":"D.N.D.: Failure to record conversation with USMJ that address needed correction not ground to suppress"},"content":{"rendered":"<p>Officers discovered that the address in the search warrant was incorrect before the warrant issued, and the USMJ corrected it on the warrant. The failure to record that conversation while a Rule 41 violation and not a Fourth Amendment violation does not lead to suppression. Moreover, it is all in good faith. United States v. Skarda, 2014 U.S. Dist. LEXIS 134654 (D. N.D. September 19, 2014).<\/p>\n<p>After the Sandusky\/Penn State matter, four men wrote to defendant, who worked in a school, to confront him with allegations that they were abused by him when they were children. That led to at least one meeting. Some went to the police. A search warrant was obtained for defendant\u2019s computer, cell phone, and car for evidence of witness intimidation from emails, text messages, and other written communications. There was a factual basis shown to issue the search warrants, and child pornography was found. <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=212190\">State v. Wheeler<\/a>, 2014 Del. Super. LEXIS 476 (September 18, 2014).*<\/p>\n<p>All the conditions in the department\u2019s SOP for vehicle impounds were met, so the inventory was valid. United States v. Vladeff, 2014 U.S. Dist. LEXIS 134664 (M.D. Fla. September 24, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers discovered that the address in the search warrant was incorrect before the warrant issued, and the USMJ corrected it on the warrant. The failure to record that conversation while a Rule 41 violation and not a Fourth Amendment violation &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13468\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[14,15,11,39,20],"tags":[],"class_list":["post-13468","post","type-post","status-publish","format-standard","hentry","category-exclusionary-rule","category-f-r-crim-p-41","category-good-faith-exception","category-inventory","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13468","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13468"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13468\/revisions"}],"predecessor-version":[{"id":13471,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13468\/revisions\/13471"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13468"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13468"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13468"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}