{"id":59722,"date":"2024-12-31T11:10:39","date_gmt":"2024-12-31T16:10:39","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59722"},"modified":"2024-12-31T11:11:36","modified_gmt":"2024-12-31T16:11:36","slug":"de-after-the-first-sw-was-overbroad-officers-got-a-second-narrower-warrant-which-had-an-independent-source-from-the-first-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59722","title":{"rendered":"DE: After the first SW was overbroad, officers got a second narrower warrant which had an independent source from the first"},"content":{"rendered":"\n<p>When the search warrant was found overbroad, a second warrant was issued based on the same information that was far narrower. It was valid because of its independent source. The alleged false statement in the DNA warrant wasn\u2019t. <a href=\"https:\/\/courts.delaware.gov\/Opinions\/Download.aspx?id=373430\">State v. Matthews<\/a>, 2024 Del. Super. LEXIS 823 (Dec. 23, 2024).<\/p>\n\n\n\n<p>The motion to suppress was properly denied. Facebook employees inspected the image before it went to NCMEC, and the police view of the image was no more intrusive. United States v. Srogi, 2024 U.S. App. LEXIS 32679 (2d Cir. Dec. 26, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s arrest and search for being a felon in possession was objectively unreasonable because the officer didn\u2019t know defendant was a felon when it happened, and no other exception applies. United States v. Stiles, 2024 U.S. Dist. LEXIS 232825 (D. Or. Dec. 26, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the search warrant was found overbroad, a second warrant was issued based on the same information that was far narrower. It was valid because of its independent source. The alleged false statement in the DNA warrant wasn\u2019t. State v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=59722\">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":[60,43,20],"tags":[],"class_list":["post-59722","post","type-post","status-publish","format-standard","hentry","category-independent-source","category-private-search","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59722","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=59722"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59722\/revisions"}],"predecessor-version":[{"id":59724,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59722\/revisions\/59724"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59722"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59722"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59722"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}