{"id":16699,"date":"2015-04-11T00:09:55","date_gmt":"2015-04-11T05:09:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16699"},"modified":"2015-04-11T09:36:10","modified_gmt":"2015-04-11T14:36:10","slug":"de-name-of-owner-of-property-in-sw-doesnt-need-to-be-identified-to-be-valid","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=16699","title":{"rendered":"DE: Name of owner of property in SW doesn&#8217;t need to be identified to be valid"},"content":{"rendered":"<p>Defense counsel was not ineffective for not challenging that defendant wasn\u2019t named in the search warrant for his specifically described property. [Remember, search warrants are usually for specifically ID\u2019d places, and naming the owner is almost never necessary. If the SW is for a person in a place, the person has to be named.] He also waived it by pleading guilty and getting the habitual allegation dropped taking him away from a mandatory life sentence, and that was a bargained for benefit in the plea. <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=222090\">State v. Green<\/a>, 2015 Del. Super. LEXIS 186 (April 8, 2015).*<\/p>\n<p>Defense counsel wasn\u2019t ineffective for not challenging a seizure of a T-shirt linked to defendant that was abandoned in the woods. No reasonable expectation of privacy there. [He really expects a search warrant for the woods?] <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=222070\">State v. Bissoon<\/a>, 2015 Del. Super. LEXIS 184 (March 23, 2015).*<\/p>\n<p>The record supports the trial court\u2019s conclusion that defendant consented to two officers coming up to his second floor apartment, and a knife was in plain view on the bed in the small apartment. <a href=\"http:\/\/www.courts.state.ny.us\/reporter\/3dseries\/2015\/2015_25102.htm\">People v. Poinvil<\/a>, 2015 NY Slip Op 25102, 2015 N.Y. Misc. LEXIS 1077 (2d Dept. April 3, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel was not ineffective for not challenging that defendant wasn\u2019t named in the search warrant for his specifically described property. [Remember, search warrants are usually for specifically ID\u2019d places, and naming the owner is almost never necessary. If the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=16699\">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":[24,23,65,37],"tags":[],"class_list":["post-16699","post","type-post","status-publish","format-standard","hentry","category-consent","category-ineffective-assistance","category-particularity","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16699","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=16699"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16699\/revisions"}],"predecessor-version":[{"id":16712,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16699\/revisions\/16712"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16699"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16699"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16699"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}