{"id":4582,"date":"2011-02-01T07:43:36","date_gmt":"2010-08-25T06:50:20","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-08-25T06:50:20","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4582","title":{"rendered":"CA2: Entry before the search warrant was signed did not void the search; inevitable discovery applied"},"content":{"rendered":"

The police were waiting for a search warrant to issue in a child pornography case, but they entered before it was signed. Images were seen on the screen. The seizure had an independent source from the warrantless entry, and the affidavit for the search warrant showed probable cause without the judge abandoning his judicial role. The failure to tell the magistrate about the unwarranted entry \u201cmay be criticized generally, but it did not mislead the issuing judge as to the content of the materials at issue. Thus, even if we were to conclude that probable cause requires a more particularized showing of lewdness than was made here, the police’s failure to reveal information not relevant to that issue does not preclude application of the good-faith exception.\u201d United States v. Bonczek<\/a>, 391 Fed. Appx. 21 (2d Cir. 2010).*<\/p>\n

Officers received a tip about a man drinking in a car at a little league ball park. The officer arrived and talked to the identified informant about 30 seconds when the car drove off. The stop was still justified by the report even though the driver committed no traffic offenses in her presence. Schneider v. State<\/a>, 3 A.3d 1098 (Del. 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4582","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4582","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4582"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4582\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4582"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4582"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4582"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}