{"id":56231,"date":"2023-11-04T07:29:26","date_gmt":"2023-11-04T12:29:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56231"},"modified":"2023-11-04T08:44:24","modified_gmt":"2023-11-04T13:44:24","slug":"s-d-n-y-sw-affidavit-not-yet-available-to-def-merely-for-bail-application","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56231","title":{"rendered":"S.D.N.Y.: SW affidavit not yet available to def merely for bail application"},"content":{"rendered":"\n<p>Defendant doesn\u2019t get to see the affidavit for warrant yet just for his bail application because the government asserts the investigation is still ongoing. Discovery of child pornography was inadvertent, and the bail application isn\u2019t a discovery device. The question is whether he is a danger to the community or would flee, and child porn defendants get released all the time. In re Search Warrant Dated October 4, 2023, 2023 U.S. Dist. LEXIS 196629 (S.D.N.Y. Nov. 1, 2023).<\/p>\n\n\n\n<p>Defendant\u2019s probation search conditions explicitly included his electronic devices, and the search here was with reasonable suspicion. United States v. Lajeunesse, 2023 U.S. App. LEXIS 28975 (2d Cir. Nov. 1, 2023).*<\/p>\n\n\n\n<p>Defendant was legitimately detained as a visitor on the premises under Michigan v. Summers when the search warrant was being served, and then he consented to search of his vehicle. United States v. Hernandez, 2023 U.S. Dist. LEXIS 196172 (S.D. Fla. Oct. 17, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant doesn\u2019t get to see the affidavit for warrant yet just for his bail application because the government asserts the investigation is still ongoing. Discovery of child pornography was inadvertent, and the bail application isn\u2019t a discovery device. The question &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56231\">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":[58,133],"tags":[],"class_list":["post-56231","post","type-post","status-publish","format-standard","hentry","category-probationparole-search","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56231","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=56231"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56231\/revisions"}],"predecessor-version":[{"id":56236,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56231\/revisions\/56236"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}