Failure to file the warrant return doesn\u2019t require suppression. It\u2019s a curable ministerial act. Besides, the defendant can\u2019t show prejudice. As to the merits, the search warrant was issued with probable cause and the good faith exception applies in any event. United States v. Haile, 2023 U.S. Dist. LEXIS 108103 (E.D. Mich. June 22, 2023).<\/p>\n\n\n\n
The affidavit for warrant shows that this was ongoing criminal activity, so it was reasonable for the issuing magistrate to conclude that it was not stale when it was issued. United States v. Burrus, 2023 U.S. Dist. LEXIS 108194 (W.D. Tenn. June 22, 2023).*<\/p>\n\n\n\n
There is a factual dispute whether defendant\u2019s driving justified the traffic stop precluding summary judgment and qualified immunity. Lockhart v. Siloam Springs, 2023 U.S. Dist. LEXIS 108185 (W.D. Ark. June 22, 2023).*<\/p>\n\n\n\n
\u201cHere, the officers had probable cause to believe that Mr. Sepulveda’s vehicle might contain evidence of a crime based on the smell of marijuana and the officers’ observation of marijuana and heroin inside the vehicle.\u201d United States v. Sepulveda, 2023 U.S. Dist. LEXIS 108271 (E.D. Pa. June 21, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Failure to file the warrant return doesn\u2019t require suppression. It\u2019s a curable ministerial act. Besides, the defendant can\u2019t show prejudice. As to the merits, the search warrant was issued with probable cause and the good faith exception applies in any … Continue reading