{"id":54984,"date":"2023-05-26T08:35:00","date_gmt":"2023-05-26T13:35:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54984"},"modified":"2023-05-27T13:55:51","modified_gmt":"2023-05-27T18:55:51","slug":"ca8-sw-issuing-judge-not-neutral-and-detached-just-because-he-didnt-ask-questions","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=54984","title":{"rendered":"CA8: SW issuing judge not &#8220;neutral and detached&#8221; just because he didn&#8217;t ask questions"},"content":{"rendered":"\n<p>A search warrant in Killeen, Texas was issued to look for evidence of a Hobbs Act murder in Lincoln, Nebraska. The affidavit combined information from Texas and Nebraska. There was potential confusion as to whose information was whose but it didn\u2019t matter because that wasn\u2019t material to the outcome nor was it recklessly false or misleading. There was probable cause on the totality. The fact the Texas judge didn\u2019t question officers about the affidavit more didn\u2019t show that he wasn\u2019t neutral and detached, without more. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/23\/05\/212469P.pdf\">United States v. Patterson<\/a>, 2023 U.S. App. LEXIS 12592 (8th Cir. May 23, 2023).<\/p>\n\n\n\n<p>Defendant was the passenger in a car that was stopped. He argues defense counsel was ineffective for not arguing his stop and frisk was unreasonable. When he got out of the car, he appeared intoxicated and was unresponsive to the officer request for an ID, and he wanted to walk to a nearby truck stop. Not letting him leave was reasonable. Therefore, no IAC. State v. Tamas, 2023-Ohio-1710 (11th Dist. May 22, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s wearing an empty holster when he was seen coming out of a motel room justified a protective sweep of the room. United States v. Valenzuela, 2023 U.S. App. LEXIS 12567 (5th Cir. May 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A search warrant in Killeen, Texas was issued to look for evidence of a Hobbs Act murder in Lincoln, Nebraska. The affidavit combined information from Texas and Nebraska. There was potential confusion as to whose information was whose but it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=54984\">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":[21,91],"tags":[],"class_list":["post-54984","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-neutral-and-detached-magistrate"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54984","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=54984"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54984\/revisions"}],"predecessor-version":[{"id":55001,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54984\/revisions\/55001"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54984"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54984"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}