{"id":19281,"date":"2015-10-21T00:05:51","date_gmt":"2015-10-21T05:05:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19281"},"modified":"2015-10-20T17:12:05","modified_gmt":"2015-10-20T22:12:05","slug":"ca10-even-if-sw-was-overbroad-it-was-approved-by-da-before-issuing-magistrate-got-it-and-they-could-reasonably-rely-on-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19281","title":{"rendered":"CA10: Even if SW was overbroad, it was approved by DA before issuing magistrate got it, and they could reasonably rely on it"},"content":{"rendered":"<p>Even if a search warrant was overbroad in describing items to be seized with the requisite particularity, police officers were improperly denied qualified immunity since the warrant was approved by a district attorney and issued by a detached and neutral magistrate, and it was not unreasonable for the officers to believe they had authority to seize a broad range of items related to suspected vehicle thefts, counterfeiting, drug activity, and child pornography. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/14\/14-1352.pdf\">Rathbun v. Montoya<\/a>, 2015 U.S. App. LEXIS 17956 (10th Cir. Oct. 16, 2015).<\/p>\n<p>Defendant can\u2019t show that the motion to suppress not pursued would have been successful, so it can\u2019t be ineffective assistance of counsel. United States v. Jackson, 2015 U.S. Dist. LEXIS 141525 (W.D.Va. Oct. 19, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even if a search warrant was overbroad in describing items to be seized with the requisite particularity, police officers were improperly denied qualified immunity since the warrant was approved by a district attorney and issued by a detached and neutral &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19281\">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":[45,7,40],"tags":[],"class_list":["post-19281","post","type-post","status-publish","format-standard","hentry","category-45","category-overbreadth","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19281","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=19281"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19281\/revisions"}],"predecessor-version":[{"id":19282,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19281\/revisions\/19282"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}