Defendant does not get discovery of every search warrant affidavit over the last 2\u00bd years prepared by the detective in this case. \u201cDefendant has offered no justification for the request of all affidavits prepared by Detective Jackson over the last two and one half years, and it is difficult to discern how the requested information would materially affect the defense. A determination of the legal sufficiency of a search warrant is based upon an objective assessment of the information available to the magistrate at the time of the issuance of the search warrant. In this case, information derived from an affidavit prepared by Detective Jackson was the basis of the magistrate’s finding of probable cause. \u2026 The contents of other affidavits prepared by Detective Jackson in other criminal cases would have no material impact on the determination of the legal sufficiency of the search warrant issued in Defendant’s case.\u201d United States v. Jackson, 2021 U.S. Dist. LEXIS 160155 (D.S.C. Aug. 24, 2021).<\/p>\n\n\n\n
The government established that the officer smelled marijuana coming from defendant\u2019s car, and that gave probable cause for the search of the car. Defendant\u2019s credibility attack fails. United States v. Vereen, 2021 U.S. Dist. LEXIS 159912 (S.D.N.Y. Aug. 23, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant does not get discovery of every search warrant affidavit over the last 2\u00bd years prepared by the detective in this case. \u201cDefendant has offered no justification for the request of all affidavits prepared by Detective Jackson over the last … Continue reading