Despite renting a hotel room in a false name, defendant had standing to challenge the search of the room because he rented it and he was sleeping there and had his stuff there. The search warrant was based on an affidavit for heroin sales, and the warrant\u2019s particularity had a reference back to \u201cproperty connected with the above listed crime(s),\u201d and that\u2019s particular enough. United States v. Rocher, 2018 U.S. Dist. LEXIS 30262 (M.D. Fla. Feb. 26, 2018).<\/p>\n
Responding to defendant\u2019s challenge that the search under the warrant was invalid, the court looked first to the good faith exception which the court reviews de novo. The affidavit for the warrant was not \u201cbare bones.\u201d It showed what the officers did try to investigate the CI\u2019s information and other police intel, along with the fact they employed various \u201cinvestigative techniques,\u201d which the court doesn\u2019t elaborate on. The fact it was not bare bones means that the officers \u201ccould have\u201d relied upon it. Second, there was probable cause in any event. United States v. Huerra<\/a>, 2018 U.S. App. LEXIS 4858 (5th Cir. Feb. 27, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":" Despite renting a hotel room in a false name, defendant had standing to challenge the search of the room because he rented it and he was sleeping there and had his stuff there. The search warrant was based on an … Continue reading