{"id":53109,"date":"2022-08-31T08:09:56","date_gmt":"2022-08-31T13:09:56","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53109"},"modified":"2022-08-31T09:30:37","modified_gmt":"2022-08-31T14:30:37","slug":"ca9-oral-amendment-to-sw-to-add-a-place-to-be-searched-never-incorporated-violates-4a-but-gfe-here-because-no-controlling-authority","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53109","title":{"rendered":"CA9: Oral amendment to SW to add a place to be searched never incorporated violates 4A, but GFE here because no controlling authority"},"content":{"rendered":"\n

Officers had a search warrant for plaintiff\u2019s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff\u2019s home under the same affidavit, which was orally granted, but the warrant was not amended. The search of the home violated the Fourth Amendment\u2019s particularity requirement, but the officers get qualified immunity because there never was a case like this that anyone could find. Manriquez v. Ensley<\/a>, 2022 U.S. App. LEXIS 24419 (9th Cir. Aug. 30, 2022).<\/p>\n\n\n\n

\u201cHarvard argues that trial counsel should have objected on hearsay grounds to the testimony of an investigator with the sheriff’s office that M. W. disclosed that Harvard had asked her to watch pornography. But this testimony was not hearsay, as the investigator did not offer it for the truth of the matter asserted, but to explain why he looked for Harvard’s computers when executing a search warrant.\u201d Harvard v. State<\/a>, 2022 Ga. App. LEXIS 416 (Aug. 30, 2022).*<\/p>\n\n\n\n

The court considered the bodycam videos on a motion to dismiss for failure to state a claim. Without ambiguity, they show plaintiff reaching for a gun after being told to put her hand up, and then she was shot. She cannot prevail. Robinson v. City of Huntsville<\/a>, 2022 U.S. App. LEXIS 24438 (11th Cir. Aug. 30, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Officers had a search warrant for plaintiff\u2019s hotel room searching for evidence of a drug operation. They called the issuing judge for permission to search plaintiff\u2019s home under the same affidavit, which was orally granted, but the warrant was not … Continue reading →<\/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":[124,52,11,65,40],"tags":[],"class_list":["post-53109","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-excessive-force","category-good-faith-exception","category-particularity","category-qualified-immunity"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53109","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=53109"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53109\/revisions"}],"predecessor-version":[{"id":53111,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53109\/revisions\/53111"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53109"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53109"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53109"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}