{"id":52836,"date":"2022-07-22T07:49:10","date_gmt":"2022-07-22T12:49:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52836"},"modified":"2022-07-22T17:34:00","modified_gmt":"2022-07-22T22:34:00","slug":"ms-minor-errors-in-paperwork-didnt-obscure-a-thing-and-didnt-prejudice-def","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52836","title":{"rendered":"MS: Minor errors in paperwork didn&#8217;t obscure a thing and didn&#8217;t prejudice def"},"content":{"rendered":"\n<p>Minor errors in the paperwork for the warrant were not prejudicial to defendant. There was no challenge to probable cause, and the papers as a whole show the warrant timely executed after issuance. <a href=\"https:\/\/courts.ms.gov\/images\/Opinions\/CO161329.pdf\">Jenkins v. State<\/a>, 2022 Miss. App. LEXIS 227 (July 19, 2022).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not filing a motion to suppress that would not succeed. <a href=\"https:\/\/courts.ms.gov\/appellatecourts\/Opinions\/CO160485.pdf\">Lopez v. State<\/a>, 2022 Miss. App. LEXIS 228 (App. July 19, 2022).*<\/p>\n\n\n\n<p>\u201cTo pull over a vehicle, the police do not have to suspect the crime of the century. Even a broken tail light or some other modest traffic violation will do.\u201d \u201cThe existence of a mistake does not mean that the traffic stop was necessarily out of bounds. It wouldn&#8217;t delegitimize the stop even if Officer Cabello was mistaken. The Fourth Amendment requires reasonable suspicion, not certitude and perfection. It is enough if the officer reasonably believed that he witnessed a driving violation.\u201d United States v. Avila, 2022 U.S. Dist. LEXIS 127668 (N.D. Ill. July 19, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Minor errors in the paperwork for the warrant were not prejudicial to defendant. There was no challenge to probable cause, and the papers as a whole show the warrant timely executed after issuance. Jenkins v. State, 2022 Miss. App. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52836\">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":[23,35,133],"tags":[],"class_list":["post-52836","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52836","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=52836"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52836\/revisions"}],"predecessor-version":[{"id":52843,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52836\/revisions\/52843"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52836"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}