{"id":26958,"date":"2017-04-28T15:39:27","date_gmt":"2017-04-28T20:39:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26958"},"modified":"2017-04-28T15:39:27","modified_gmt":"2017-04-28T20:39:27","slug":"w-d-n-y-sw-materials-not-yet-releasable-because-investigation-is-ongoing-defense-can-get-it-later","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26958","title":{"rendered":"W.D.N.Y.: SW materials not yet releasable because investigation is ongoing; defense can get it later"},"content":{"rendered":"<p>The search warrant materials in this case are not released yet because the case is still pretrial and there is investigative and CI information that shouldn\u2019t be disclosed yet. \u201cIn evaluating a common law claim of access to judicial documents, a court should balance the weight of the presumption of access given to the particular document with the competing interest against disclosure.\u201d In time. United States v. Wilson, 2017 U.S. Dist. LEXIS 62527 (W.D. N.Y. April 24, 2017).<\/p>\n<p>A police helicopter was shot at, and officers converged on defendant\u2019s property and talked to him. He made limited admissions. A search warrant was obtained for the property for weapons, and defendant objected on Franks grounds. First, it isn\u2019t apparent that there were any omissions of material information. Second, if there was an omission, it wasn\u2019t material to the finding of probable cause. United States v. Clausen, 2017 U.S. Dist. LEXIS 62841 (D.Minn. Feb. 27, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant materials in this case are not released yet because the case is still pretrial and there is investigative and CI information that shouldn\u2019t be disclosed yet. \u201cIn evaluating a common law claim of access to judicial documents, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26958\">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":[21,37],"tags":[],"class_list":["post-26958","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26958","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=26958"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26958\/revisions"}],"predecessor-version":[{"id":26959,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26958\/revisions\/26959"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26958"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26958"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26958"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}