{"id":61321,"date":"2025-06-21T11:44:10","date_gmt":"2025-06-21T16:44:10","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61321"},"modified":"2025-06-21T11:44:10","modified_gmt":"2025-06-21T16:44:10","slug":"s-d-tex-judge-shopping-sw-request-noted-and-denied-again","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61321","title":{"rendered":"S.D.Tex.: Judge shopping SW request noted, and denied again"},"content":{"rendered":"\n<p>It appears to this USMJ that the government is judge shopping. After denial of a warrant request, the government reapplied which was first assigned to another USMJ who transferred it here. Rejected again for the same reason. Defect not cured. In re Sealed Search Warrant Application, 2025 U.S. Dist. LEXIS 117345 (S.D. Tex. June 20, 2025).<\/p>\n\n\n\n<p>Probable cause to arrest satisfied Rodriguez. Also, defendant didn\u2019t have standing as a passenger. United States v. Clarke, 2025 U.S. Dist. LEXIS 117813 (S.D.N.Y. June 20, 2025).*<\/p>\n\n\n\n<p>Omission of the CI\u2019s criminal history which didn\u2019t include dishonesty wasn\u2019t enough for a Franks violation when compared to the other facts. Also, no materiality. United States v. Martinez, 2025 U.S. Dist. LEXIS 117531 (W.D. Ky. June 20, 2025).*<\/p>\n\n\n\n<p>In a public place, the officer could ask defendant to empty his pockets rather than frisk him. Drugs then came in plain view. Osborne v. Commonwealth, 2025 Ky. LEXIS 33 (June 20, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>It appears to this USMJ that the government is judge shopping. After denial of a warrant request, the government reapplied which was first assigned to another USMJ who transferred it here. Rejected again for the same reason. Defect not cured. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61321\">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":[24,21,91,63,4],"tags":[],"class_list":["post-61321","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine","category-neutral-and-detached-magistrate","category-reasonableness","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61321","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=61321"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61321\/revisions"}],"predecessor-version":[{"id":61322,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61321\/revisions\/61322"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61321"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61321"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61321"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}