{"id":40379,"date":"2019-10-29T05:38:27","date_gmt":"2019-10-29T10:38:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40379"},"modified":"2019-10-29T05:39:05","modified_gmt":"2019-10-29T10:39:05","slug":"w-d-va-arrest-warrant-didnt-have-to-be-in-hand-at-time-of-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=40379","title":{"rendered":"W.D.Va.: Arrest warrant didn&#8217;t have to be in hand at time of arrest"},"content":{"rendered":"<p>When defendant was arrested on an arrest warrant, it was constitutionally required that officers have the warrant in hand at the time of the arrest. Rule 4 only requires the warrant be shown as soon as practical. Defendant was arrested on a child support warrant. The search of his bag wasn\u2019t valid as a search incident, but it was as inventory. United States v. Stephens, 2019 U.S. Dist. LEXIS 183440 (W.D. Va. Oct. 23, 2019).<\/p>\n<p>Defendant had standing to contest the government\u2019s acquiring geolocation information from a cell phone that defendant was using, claiming it was his phone. The tracking order for him established probable cause he was involved in a drug conspiracy. United States v. Cardona, 2019 U.S. Dist. LEXIS 183146 (D. Mass. Oct. 23, 2019).*<\/p>\n<p>Defendant\u2019s claim that defense counsel was ineffective in not better challenging the search warrant is moot because nothing from the search was admitted at trial. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/supremecourt\/en\/423440\/1\/document.do\">Williams v. State<\/a>, 2019 Ark. 289,  2019 Ark. LEXIS 294 (Oct. 24, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When defendant was arrested on an arrest warrant, it was constitutionally required that officers have the warrant in hand at the time of the arrest. Rule 4 only requires the warrant be shown as soon as practical. Defendant was arrested &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=40379\">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":[50,112],"tags":[],"class_list":["post-40379","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40379","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=40379"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40379\/revisions"}],"predecessor-version":[{"id":40381,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40379\/revisions\/40381"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40379"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40379"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40379"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}