{"id":57894,"date":"2024-05-15T13:32:48","date_gmt":"2024-05-15T18:32:48","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57894"},"modified":"2024-05-31T06:07:25","modified_gmt":"2024-05-31T11:07:25","slug":"d-d-c-judge-shopping-after-denial-of-sw-inappropriate-could-have-appealed-to-dj","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57894","title":{"rendered":"D.D.C.: Judge shopping after denial of SW inappropriate; could have appealed to DJ"},"content":{"rendered":"\n<p>The government having been turned down for a search warrant in the Central District of California for a cell phone of a prospective January 6th defendant, one alleged to be the third phone since then, for lack of showing likelihood anything would be on the phone, the remedy was to appeal to a district judge. Attempting it again in the D.D.C. was inappropriate. <a href=\"https:\/\/ecf.dcd.uscourts.gov\/cgi-bin\/show_public_doc?2024sw0091-8\">In re Search of One Digit. Device Currently Located at 601 4th St. NW<\/a>, 2024 U.S. Dist. LEXIS 86494 (D.D.C. May 14, 2024). Update:  NLJ: <a href=\"https:\/\/www.law.com\/nationallawjournal\/2024\/05\/16\/federal-judge-slams-dc-federal-prosecutor-for-judge-shopping-in-jan-6-search-warrant-application\/\">Federal Judge Slams DC Federal Prosecutor for &#8216;Judge-Shopping&#8217; in Jan. 6 Search Warrant Application<\/a> (\u201cU.S. Magistrate Judge G. Michael Harvey on Tuesday issued a memorandum opinion slamming U.S. Attorney Matthew M. Graves for &#8216;failing to follow established procedures for reconsideration and review of adverse judicial decisions.\u2019\u201d); techdirt: <a href=\"https:\/\/www.techdirt.com\/2024\/05\/30\/dc-court-smacks-feds-for-going-judge-shopping-after-their-warrant-request-was-denied\/\">DC Court Smacks Feds For Going Judge Shopping After Their Warrant Request Was Denied<\/a> by Tim Cushing<\/p>\n\n\n\n<p>Probable cause is required for arrest, but only reasonable suspicion is required for a stop. People v. Whiles, 2024 IL App (4th) 231086, 2024 Ill. App. LEXIS 1115 (May 14, 2024).*<\/p>\n\n\n\n<p>\u201cIn its order denying Clark&#8217;s motion to suppress, the trial court concluded Clark had not established any Fourth Amendment violation justifying the suppression of evidence. This demonstrates the trial court was aware that Clark&#8217;s suppression arguments were rooted in Fourth Amendment constitutional protections.\u201d State v. Clark, 2024-Ohio-1869 (10th Dist. May 14, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The government having been turned down for a search warrant in the Central District of California for a cell phone of a prospective January 6th defendant, one alleged to be the third phone since then, for lack of showing likelihood &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57894\">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":[104,91,20],"tags":[],"class_list":["post-57894","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-neutral-and-detached-magistrate","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57894","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=57894"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57894\/revisions"}],"predecessor-version":[{"id":57994,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57894\/revisions\/57994"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57894"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57894"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57894"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}