{"id":320,"date":"2006-10-17T19:03:12","date_gmt":"2006-08-18T17:54:42","guid":{"rendered":""},"modified":"2017-09-17T13:44:37","modified_gmt":"2017-09-17T18:44:37","slug":"en-us-259","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=320","title":{"rendered":"Friday&#8217;s federal district court cases"},"content":{"rendered":"<p>Informant&#8217;s tip that was not corroborated did not amount to PC for issuance of search warrant. The affidavit was so deficient that the GFE did not save it. That search of his house led to a search of his car which was also suppressed. United States v. Snipes, 444 F. Supp. 2d 1203 (M.D. Ala. August 11, 2006):<\/p>\n<blockquote><p>The affidavit completely fails to link the stolen items to Snipes&#8217;s residence. Moreover, it provides no information regarding the reliability, veracity, or basis of knowledge of the informant. <\/p>\n<p>Indeed, this appears to be the prototypical &#8220;bare-boned&#8221; affidavit because its only two probable-cause facts are conclusory allegations (&#8220;someone&#8221; told us Snipes bought stolen property, and there is &#8220;unusual&#8221; activity at Snipes&#8217;s house) that do not even link the illegal activity to Snipes&#8217;s residence, which was the place the officers sought to search. In short, the affidavit is so obviously lacking in indicia of probable cause that official belief in the validity of the warrant was entirely unreasonable in this case.<\/p><\/blockquote>\n<p>The Fourth Amendment cannot be a source of law for a jail suicide case. Smith v. Brevard County, 2006 U.S. Dist. LEXIS 57210 (M.D. Fla. August 14, 2006).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evGMco.b2evALnk.b2WPAutP.b2evSmil <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=320\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-320","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/320","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=320"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/320\/revisions"}],"predecessor-version":[{"id":29216,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/320\/revisions\/29216"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=320"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=320"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=320"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}