The issuing judge taking ten minutes to review an affidavit for warrant does not show that he or she abandoned the role of a neutral and detached magistrate. [I can usually see probable cause in an affidavit in 30-45 seconds. And remember that judges issuing search warrants see hundreds a year.] United States v. Panetti, 2025 U.S. Dist. LEXIS 262436 (D. Minn. Dec. 19, 2025).<\/p>\n\n\n\n
Alluding to a Fourth Amendment argument, without briefing it is waiver. Hester v. Chester Cty., 2025 U.S. App. LEXIS 33271 (6th Cir. Dec. 19, 2025).*<\/p>\n\n\n\n
Failure to object before or at trial leaves this Fourth Amendment claim subject to plain error, and it\u2019s not. Johnson v. State, 2025 Ala. Crim. App. LEXIS 53 (Dec. 19, 2025).*<\/p>\n\n\n\n
The vehicle search here was valid either as a protective sweep or the vehicle exception. As to the search of the house, the alleged failure to properly knock-and-announce wasn\u2019t an error justifying suppression of evidence under Hudson. Removing any challenged information from the affidavit still leaves probable cause, false or not. United States v. Smith, 2025 U.S. Dist. LEXIS 262445 (W.D. Pa. Dec. 19, 2025).*<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
The issuing judge taking ten minutes to review an affidavit for warrant does not show that he or she abandoned the role of a neutral and detached magistrate. [I can usually see probable cause in an affidavit in 30-45 seconds. … Continue reading