{"id":27260,"date":"2017-05-23T07:00:30","date_gmt":"2017-05-23T12:00:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=27260"},"modified":"2017-05-23T07:31:33","modified_gmt":"2017-05-23T12:31:33","slug":"ca1-misstatement-alpha-pvp-was-in-package-instead-of-alpha-php-was-not-material-nor-in-bad-faith","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=27260","title":{"rendered":"CA1: Misstatement Alpha-PVP was in package instead of Alpha-PHP was not material nor in bad faith"},"content":{"rendered":"<p>The affidavit for search warrant was based on a customs search of a package destined for delivery in Maine that the contents was Alpha-PVP, which is how it looked and field tested as MDMA. Later lab analysis showed it was Alpha-PHP. Both are controlled substances. While the statement was false, it was not recklessly false or in bad faith. Despite all that, there was probable cause on the totality anyway. <a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/16-1246P-01A.pdf\">United States v. Coombs<\/a>, 2017 U.S. App. LEXIS 8832 (1st Cir. May 19, 2017).<\/p>\n<p>\u201c[W]e conclude that Saafir is distinguishable from the subject case because the police officer here did not falsely assert authority to search the vehicle Johnson was driving.\u201d The officer had probable cause from his observations of defendant in the car, and that supported a search under the automobile exception. <a href=\"http:\/\/www.ca4.uscourts.gov\/Opinions\/Unpublished\/164631.U.pdf\">United States v. Johnson<\/a>, 2017 U.S. App. LEXIS 8721 (4th Cir. May 18, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for search warrant was based on a customs search of a package destined for delivery in Maine that the contents was Alpha-PVP, which is how it looked and field tested as MDMA. Later lab analysis showed it was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=27260\">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":[36,21],"tags":[],"class_list":["post-27260","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27260","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=27260"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27260\/revisions"}],"predecessor-version":[{"id":27261,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/27260\/revisions\/27261"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=27260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=27260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=27260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}