{"id":30476,"date":"2017-12-04T07:09:24","date_gmt":"2017-12-04T12:09:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30476"},"modified":"2017-12-04T10:05:54","modified_gmt":"2017-12-04T15:05:54","slug":"de-typo-of-month-of-controlled-buy-in-affidavit-for-sw-could-be-ignored-totality-shows-what-it-really-is","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=30476","title":{"rendered":"DE: Typo of month of controlled buy in affidavit for SW could be ignored; totality shows what it really is"},"content":{"rendered":"<p>The affidavit says that the controlled buy was in the \u201csecond half of February 2017\u201d when the search warrant was issued February 1. It\u2019s clear to the court from reading the affidavit as a whole that this is a typo that can be ignored. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=265920\">State v. Tingle<\/a>, 2017 Del. Super. LEXIS 623 (Dec. 1, 2017).<\/p>\n<p>Defendant was pulled over for a seatbelt violation, and the officer smelled marijuana coming from the passenger compartment. A drug dog was called. The first officer never told the canine officer about the smell. While that can be used to assess credibility, it\u2019s not determinative, and the officer was otherwise credible on the stand. Calling the dog was justified. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=265780\">State v. Faulkner<\/a>, 2017 Del. Super. LEXIS 611 (Nov. 30, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit says that the controlled buy was in the \u201csecond half of February 2017\u201d when the search warrant was issued February 1. It\u2019s clear to the court from reading the affidavit as a whole that this is a typo &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=30476\">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":[27,37],"tags":[],"class_list":["post-30476","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30476","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=30476"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30476\/revisions"}],"predecessor-version":[{"id":30480,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30476\/revisions\/30480"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30476"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30476"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30476"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}