{"id":41090,"date":"2019-12-10T03:06:42","date_gmt":"2019-12-10T08:06:42","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41090"},"modified":"2019-12-10T03:12:43","modified_gmt":"2019-12-10T08:12:43","slug":"ar-prosecutor-also-didnt-about-hbo-documentary-crew-at-search-for-a-year-no-discovery-violation-on-sw-materials","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41090","title":{"rendered":"AR: Prosecutor also didn&#8217;t know for a year that an HBO documentary crew was present at search; no discovery violation on SW materials"},"content":{"rendered":"<p>About a year after the execution of the search warrant, the parties learned that an HBO documentary crew recording <em>Meth Storm<\/em> was along for the search. Citing Layne v. Wilson and Brady, the defense sought access to the video and out takes. By then, however, there were no out takes available. There was no discovery violation of the information about the search simply because the Prosecuting Attorney and the state didn\u2019t have access to the materials, and the circuit court couldn\u2019t order production of what they didn\u2019t have. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/courtofappeals\/en\/item\/453765\/index.do\">Harmon v. State<\/a>, 2019 Ark. App. 572, 2019 Ark. App. LEXIS 614 (Dec. 4, 2019).<\/p>\n<p>The search warrant did not lack particularity because the warrant\u2019s phrase &#8220;any\/all unnamed evidence related to the death of the victim&#8221; was preceded by a list of items, all of which were expressly tied to the specific crimes of aggravated murder, murder, and voluntary manslaughter. Thus, the search warrant did not authorize a wide-ranging, exploratory search for evidence of any crime. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/6\/2019\/2019-Ohio-5004.pdf\">State v. Campbell<\/a>, 2019-Ohio-5004, 2019 Ohio App. LEXIS 5077 (6th Dist. Dec. 6, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>About a year after the execution of the search warrant, the parties learned that an HBO documentary crew recording Meth Storm was along for the search. Citing Layne v. Wilson and Brady, the defense sought access to the video and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41090\">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":[65,16],"tags":[],"class_list":["post-41090","post","type-post","status-publish","format-standard","hentry","category-particularity","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41090","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=41090"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41090\/revisions"}],"predecessor-version":[{"id":41096,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41090\/revisions\/41096"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41090"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41090"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41090"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}