{"id":51175,"date":"2022-01-18T00:00:00","date_gmt":"2022-01-18T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51175"},"modified":"2022-01-17T04:22:27","modified_gmt":"2022-01-17T09:22:27","slug":"wv-officer-admitted-prior-testimony-was-erroneous-not-incredible-as-a-matter-of-law","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51175","title":{"rendered":"WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law"},"content":{"rendered":"\n<p>The officer obtaining the search warrant here was found to have mistakenly testified in federal court that he did not personally present this warrant to the magistrate. Admission of that mistake was credited here that he did present the affidavit. The motion to suppress was properly denied. <a href=\"http:\/\/www.courtswv.gov\/supreme-court\/memo-decisions\/spring2022\/20-0519%20md.pdf\">State v. Parrish<\/a>, 2022 W. Va. LEXIS 75 (Jan. 12, 2022).*<\/p>\n\n\n\n<p>Defendant\u2019s argument that the officers weren\u2019t credible for the reason for his stop is rejected. They had a description of a vehicle with an LPN they were directed to stop, and defendant was driving it. Once stopped, defendant\u2019s furtive movements were reasonable suspicion. Then the officers found outstanding warrants, and that led to a search. United States v. Davis, 2021 U.S. Dist. LEXIS 250371 (E.D.Mo. Dec. 23, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer obtaining the search warrant here was found to have mistakenly testified in federal court that he did not personally present this warrant to the magistrate. Admission of that mistake was credited here that he did present the affidavit. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51175\">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":[93,35,96],"tags":[],"class_list":["post-51175","post","type-post","status-publish","format-standard","hentry","category-collective-knowledge","category-reasonable-suspicion","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51175","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=51175"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51175\/revisions"}],"predecessor-version":[{"id":51176,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51175\/revisions\/51176"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51175"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51175"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51175"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}