{"id":59286,"date":"2024-11-05T09:45:12","date_gmt":"2024-11-05T14:45:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59286"},"modified":"2024-11-05T09:45:12","modified_gmt":"2024-11-05T14:45:12","slug":"d-alaska-unsigned-sw-affidavit-still-in-gf-where-officer-was-sworn","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59286","title":{"rendered":"D.Alaska: Unsigned SW affidavit still in GF where officer was sworn"},"content":{"rendered":"\n<p>The affidavit for warrant was unsigned by the officer but he had been sworn before the warrant issued. The good faith exception saves this search. United States v. Hampton, 2024 U.S. Dist. LEXIS 200326 (D. Alaska Nov. 4, 2024)<\/p>\n\n\n\n<p>Defendant\u2019s traffic stop was reasonably extended because he didn\u2019t have his DL and a warrant surfaced for him. United States v. Birry, 2024 U.S. Dist. LEXIS 199550 (M.D. Pa. Nov. 4, 2024).*<\/p>\n\n\n\n<p>In defendant\u2019s appeal, the merits of the good faith question was decided 2-1, and rearguing it as an ineffective assistance of counsel claim goes nowhere because he still loses on the merits. Smith v. United States, 2024 U.S. Dist. LEXIS 199681 (W.D. Mich. Nov. 4, 2024).*<\/p>\n\n\n\n<p>The collective knowledge doctrine applies to the officer making a traffic stop at the request of the DEA even when they don\u2019t tell him why to make the stop. United States v. Greatsinger, 2024 U.S. Dist. LEXIS 199769 (D. Conn. Nov. 4, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The affidavit for warrant was unsigned by the officer but he had been sworn before the warrant issued. The good faith exception saves this search. United States v. Hampton, 2024 U.S. Dist. LEXIS 200326 (D. Alaska Nov. 4, 2024) Defendant\u2019s &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59286\">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":[93,23,91,35,37],"tags":[],"class_list":["post-59286","post","type-post","status-publish","format-standard","hentry","category-collective-knowledge","category-ineffective-assistance","category-neutral-and-detached-magistrate","category-reasonable-suspicion","category-warrant-requirement"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59286","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=59286"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59286\/revisions"}],"predecessor-version":[{"id":59287,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59286\/revisions\/59287"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59286"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59286"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59286"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}