{"id":52349,"date":"2022-05-12T16:08:08","date_gmt":"2022-05-12T21:08:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52349"},"modified":"2022-05-12T16:08:08","modified_gmt":"2022-05-12T21:08:08","slug":"de-a-reporter-gets-access-to-sw-materials-for-apple-and-social-media-companies-in-this-murder-case","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52349","title":{"rendered":"DE: A reporter gets access to SW materials for Apple and social media companies in this murder case"},"content":{"rendered":"\n<p>In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it\u2019s granted. Defense counsel has already been given access to the search warrant applications. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=332660\">State v. Sharp<\/a>, 2022 Del. Super. LEXIS 178 (May 10, 2022).<\/p>\n\n\n\n<p>The affidavit for the search warrant here showed nexus between defendant\u2019s car and a shooting. United States v. Malone, 2022 U.S. Dist. LEXIS 84805 (D.Minn. May 11, 2022),* R&amp;R 2022 U.S. Dist. LEXIS 84818 (D.Minn. Mar. 24, 2022).*<\/p>\n\n\n\n<p>\u201cAccordingly, the undersigned agrees with Defendant that the information contained in the Application did not provide probable cause to believe that the items to be seized would be found in the Residence.\u201d The affidavit, however, was not so lacking in information that the good faith exception should not apply\u2013it does. United States v. Barker, 2022 U.S. Dist. LEXIS 84826 (W.D.N.C. Apr. 21, 2022).*<\/p>\n\n\n\n<p>\u201cThe Court concludes that the Government has failed to meet its burden of proving that Officer Porzio held a reasonable suspicion that the white sedan and its occupants were involved in the shots fired incident or were implicated in some other wrongdoing. See United States v. Cortez, 449 U.S. 411, 417-18 (1981) (\u2018Based upon that whole picture the detaining officers must have a particularized and objective basis for suspecting the particular person stopped of criminal activity.\u2019) (emphasis added).\u201d United States v. Greene, 2022 U.S. Dist. LEXIS 85183 (D.Conn. May 11, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it\u2019s granted. Defense counsel has already been given access &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52349\">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":[11,38,35,133],"tags":[],"class_list":["post-52349","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-nexus","category-reasonable-suspicion","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52349","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=52349"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52349\/revisions"}],"predecessor-version":[{"id":52350,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52349\/revisions\/52350"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52349"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52349"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52349"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}