<\/p>\n\n\n\n
The search warrant here is directed at a place and it\u2019s not required to tie a person to it, unless it aids particularity. The affidavit for the warrant does not need to be particular but the warrant itself does. The incorporated affidavit, if it is, can supply the particularity. United States v. Morgan, 2021 U.S. Dist. LEXIS 85105 (N.D. Ind. May 4, 2021). Accord: United States v. Guobadia<\/a>, 2021 U.S. App. LEXIS 13466 (2d Cir. May 6, 2021),<\/p>\n\n\n\n An ordinary citizen as a CI is entitled to a presumption of credibility in a police affidavit for search warrant. United States v. Tasco, 2021 U.S. Dist. LEXIS 84832 (M.D. La. Apr. 29, 2021)<\/p>\n\n\n\n The exigency justifying warrantless seizure of defendant\u2019s cell phone carried over to the next day when authorization was sought to search it. There was no obligation to return the phone to defendant before getting the authorization. United States v. Nelson, 2021 CCA LEXIS 215 (N.-M. Ct. Crim. App. May 4, 2021) (unpublished).*<\/p>\n\n\n\n A firearm is not consumable like drugs are, so a staleness challenge isn\u2019t as significant. The magistrate found no staleness and that\u2019s adopted. United States v. Garmon, 2021 U.S. Dist. LEXIS 84900 (N.D. Ga. May 4, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":" The search warrant here is directed at a place and it\u2019s not required to tie a person to it, unless it aids particularity. The affidavit for the warrant does not need to be particular but the warrant itself does. The … Continue reading