{"id":34496,"date":"2018-08-29T04:32:09","date_gmt":"2018-08-29T09:32:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34496"},"modified":"2018-08-29T04:32:21","modified_gmt":"2018-08-29T09:32:21","slug":"w-d-pa-this-sw-directed-at-a-place-and-things-not-just-persons","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34496","title":{"rendered":"W.D.Pa.: This SW directed at a place and things, not just persons"},"content":{"rendered":"

\u201cDefendant’s argument that 1335 Geyer Avenue was indeed his home, but that police did not know<\/em> it was his home, thus fails. Additionally, \u2018search warrants are directed, not at persons, but at property where there is probable cause to believe that instrumentalities or evidence of a crime will be found.\u2019 United States v. Tehfe, 722 F.2d 1114, 1117 (3d Cir. 1983). The three undercover buys, not whether Defendant owned the property, are what provided probable cause to believe that evidence of a crime would be found. No Franks hearing is required on this basis.\u201d As to a Franks challenge, defendant actually asserts that the officers made up the controlled buys and the text messages about them. He fails on his offer of proof. United States v. Richardson, 2018 U.S. Dist. LEXIS 144165 (W.D. Pa. Aug. 24, 2018).<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cDefendant’s argument that 1335 Geyer Avenue was indeed his home, but that police did not know it was his home, thus fails. Additionally, \u2018search warrants are directed, not at persons, but at property where there is probable cause to believe … Continue reading →<\/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-34496","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\/34496","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=34496"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34496\/revisions"}],"predecessor-version":[{"id":34497,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34496\/revisions\/34497"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34496"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34496"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34496"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}