{"id":55216,"date":"2023-06-26T06:37:51","date_gmt":"2023-06-26T11:37:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55216"},"modified":"2023-06-26T06:37:51","modified_gmt":"2023-06-26T11:37:51","slug":"de-sw-for-trace-evidence-was-particular-we-know-what-that-means","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55216","title":{"rendered":"DE: SW for &#8220;trace evidence&#8221; was particular; we know what that means"},"content":{"rendered":"\n<p>The search warrant might appear general, but it was limited by the things to be searched for. The reference to \u201ctrace evidence including but not limited to blood, hair, fibers, fluids, and fingerprints\u201d did not make it unparticular. Trace evidence is readily defined. Officers knew there was a shooting, and \u201cSearching and seizing ballistics evidence in an ongoing shooting investigation was not outside the scope of probable cause.\u201d <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=348890\">State v. Martin<\/a>, 2023 Del. Super. LEXIS 295 (June 16, 2023).<\/p>\n\n\n\n<p>\u201cHere, reasonable suspicion was based on the proximity of the white vehicle in time and in location to the reported burglary in progress, in addition to the matching vehicle description.\u201d United States v. Ford, 2023 U.S. Dist. LEXIS 107183 (N.D.Ala. May 16, 2023),* adopted, 2023 U.S. Dist. LEXIS 106188 (N.D. Ala. June 20, 2023).*<\/p>\n\n\n\n<p>Defense counsel was not ineffective for not challenging probable cause for his arrest when there was. United States v. Vallare, 2023 U.S. Dist. LEXIS 106963 (W.D. Tex. June 21, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s indictment for conspiring to conduct an illegal search and seizure was sufficient. United States v. Rosser, 2023 U.S. App. LEXIS 15609 (6th Cir. June 20, 2023).*<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not raising a challenge to search of someone else\u2019s cell phone since defendant had no standing. State v. Smith, 2023 Del. Super. LEXIS 294 (June 20, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant might appear general, but it was limited by the things to be searched for. The reference to \u201ctrace evidence including but not limited to blood, hair, fibers, fluids, and fingerprints\u201d did not make it unparticular. Trace evidence &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55216\">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":[23,65,35],"tags":[],"class_list":["post-55216","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-particularity","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55216","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=55216"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55216\/revisions"}],"predecessor-version":[{"id":55217,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55216\/revisions\/55217"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55216"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55216"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55216"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}