{"id":60504,"date":"2025-03-18T09:37:36","date_gmt":"2025-03-18T14:37:36","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=60504"},"modified":"2025-03-18T09:37:36","modified_gmt":"2025-03-18T14:37:36","slug":"pa-for-crime-of-obstructing-a-search-def-didnt-have-to-see-sw-to-know-there-was-one-when-he-was-told","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=60504","title":{"rendered":"PA: For crime of obstructing a search, def didn’t have to see SW to know there was one when he was told"},"content":{"rendered":"\n

Defendant\u2019s conviction for obstructing a search is affirmed. He was not entitled to a jury instruction that he had to have seen or read the warrant first where it was not disputed that he knew there was a warrant. Commonwealth v. Sow<\/a>, 2025 PA Super 63 (Mar. 17, 2025).<\/p>\n\n\n\n

The delay in procuring a warrant for electronic data the government had was justified. The investigation progressed as the officers learned more and more justifying the warrant. United States v. Witherspoon, 2025 U.S. Dist. LEXIS 47677 (E.D. Ky. Mar. 17, 2025).*<\/p>\n\n\n\n

An ineffective assistance of counsel claim requires a valid Fourth Amendment claim, and here there isn\u2019t one. \u201cIn arguing that his counsel should have filed a motion to suppress, Johnson does not cite any statutory or constitutional right, nor any rule of evidence, that was violated by the introduction of the guns. Instead, Johnson points to the evidence and asks the Court to find the basis for a potential motion to suppress.\u201d It doesn\u2019t work that way. United States v. Witherspoon, 2025 U.S. Dist. LEXIS 47677 (E.D. Ky. Mar. 17, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s conviction for obstructing a search is affirmed. He was not entitled to a jury instruction that he had to have seen or read the warrant first where it was not disputed that he knew there was a warrant. Commonwealth … Continue reading →<\/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":[12,23,8,16],"tags":[],"class_list":["post-60504","post","type-post","status-publish","format-standard","hentry","category-computer-searches","category-ineffective-assistance","category-staleness","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60504","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=60504"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60504\/revisions"}],"predecessor-version":[{"id":60505,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/60504\/revisions\/60505"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=60504"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=60504"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=60504"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}