{"id":51775,"date":"2022-03-10T14:03:13","date_gmt":"2022-03-10T19:03:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51775"},"modified":"2022-03-10T14:03:13","modified_gmt":"2022-03-10T19:03:13","slug":"e-d-n-y-sw-didnt-need-to-be-supported-by-proof-def-was-involved-in-crime-it-looks-for-evidence-of-crime","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51775","title":{"rendered":"E.D.N.Y.: SW didn&#8217;t need to be supported by proof def was involved in crime; it looks for evidence of crime"},"content":{"rendered":"\n<p>The search warrant for defendant\u2019s home did not allege he was involved in a crime, but the government showed that evidence still could have been found there. The search of his electronic devices in the home is a closer call, but the presumption accorded warrants carries the day. United States v. Harvey, 2022 U.S. Dist. LEXIS 40979 (E.D.N.Y. Mar. 6, 2022).<\/p>\n\n\n\n<p>The defense argued nexus wasn\u2019t shown for the search warrant affidavit, but the good faith exception would have saved it. This was a post-conviction challenge to defense counsel not moving to suppress. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/courtofappeals\/en\/item\/520990\/index.do\">Hamilton v. State<\/a>, 2022 Ark. App. 122 (Mar. 9, 2022).*<\/p>\n\n\n\n<p>A call about a shooting incident and defendant\u2019s car led to a stop. Plain view supported a seizure. United States v. Khanya, 2022 U.S. Dist. LEXIS 41068 (D.Kan. Mar. 7, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant for defendant\u2019s home did not allege he was involved in a crime, but the government showed that evidence still could have been found there. The search of his electronic devices in the home is a closer call, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51775\">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":[11,20,35],"tags":[],"class_list":["post-51775","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51775","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=51775"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51775\/revisions"}],"predecessor-version":[{"id":51780,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51775\/revisions\/51780"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51775"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51775"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51775"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}