{"id":42093,"date":"2020-01-31T22:13:59","date_gmt":"2020-02-01T03:13:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42093"},"modified":"2020-02-01T08:35:31","modified_gmt":"2020-02-01T13:35:31","slug":"s-d-n-y-in-a-3-page-affidavit-for-sw-showing-the-crimes-under-investigation-was-particular-enough","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42093","title":{"rendered":"S.D.N.Y.: In a 3 page affidavit for SW, showing the crimes under investigation was particular enough"},"content":{"rendered":"<p>The affidavits for search warrant are only three pages long, and they reference the crimes under investigation on page one or the first paragraph. That is enough here to show particularity. \u201cThe Court concludes that the fact that these brief warrants do not reference the suspected crimes within the paragraphs authorizing seizure does not render them insufficiently particular. \u2018[T]here is no settled formula\u2019 in the Second Circuit \u2018for determining whether a warrant lacks particularity,\u2019&#8230;; rather a warrant must be sufficiently specific \u2018to permit the rational exercise of judgment [by the executing officers] in selecting what items to seize.\u2019\u201d This warrant is particular. As to a Franks allegation, \u201cAfter correcting the errors specifically identified by Sadr, the Court finds that the hypothetical corrected affidavit still establishes probable cause. Accordingly, Sadr has not made a substantial showing of materiality to warrant a Franks hearing on the basis of the misstatements, omissions, and \u2018misleading claims\u2019 specifically identified in his memorandum of law. Nor is he entitled to one to determine whether the \u2018truth or falsity of these and other misrepresentations\u2019 not specifically identified and not now before the Court were necessary to the probable cause showing.\u201d He had a duty to provide <em>all<\/em> the misstatements, not just what he says are the important ones. Still, the court deletes the misstatements, adds in the omissions, and then the court retests the affidavit for its showing or probable cause. United States v. Nejad, 2020 U.S. Dist. LEXIS 14213 (S.D. N.Y. Jan. 28, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavits for search warrant are only three pages long, and they reference the crimes under investigation on page one or the first paragraph. That is enough here to show particularity. \u201cThe Court concludes that the fact that these brief &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=42093\">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":[21,65],"tags":[],"class_list":["post-42093","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-particularity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42093","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=42093"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42093\/revisions"}],"predecessor-version":[{"id":42099,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42093\/revisions\/42099"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42093"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42093"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42093"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}