{"id":64295,"date":"2026-06-23T14:34:12","date_gmt":"2026-06-23T19:34:12","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64295"},"modified":"2026-06-23T14:34:12","modified_gmt":"2026-06-23T19:34:12","slug":"s-d-n-y-sw-not-based-on-mere-speculation","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=64295","title":{"rendered":"S.D.N.Y.: SW not based on mere speculation"},"content":{"rendered":"\n<p>Defendant argues the search warrant was based on speculation, but it wasn\u2019t. United States v. Savage, 2026 U.S. Dist. LEXIS 138078 (S.D.N.Y. June 22, 2026)*:<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\">\n<p>Far from speculative, the detective&#8217;s affidavit sets forth a detailed, chronological account of the defendant&#8217;s movements in the hours surrounding the two murders. That account began with surveillance footage placing the defendant in the immediate vicinity of the victims at a bodega on Morris Avenue and East 168th Street in the early morning hours of December 26, 2021. At approximately 3:03 a.m., a person the detective identified as the defendant entered the bodega, made a purchase, and exited. (Dkt. 22-1 at 3). At the time, and as noted by the affidavit, he was wearing a black and yellow bubble jacket, a gray knit cap, black high-top sneakers, and jeans. (Id. at 4).<\/p>\n\n\n\n<p>The affidavit then tracked the defendant directly to the subject premises at 1243 Findlay Avenue. At approximately 3:27 a.m., the defendant was observed entering the subject premises. (Id). Critically\u2014and contrary to the defendant&#8217;s assertion\u2014the affidavit did not obscure what happened next; it expressly stated that at approximately 4:01 a.m., &#8220;the individual believed to be Clifton Savage&#8221; exited 1243 Findlay Avenue wearing different clothing\u2014a dark blue hooded sweatshirt and dark blue sweatpants. The person that the detective identified as Savage was wearing the same black high-top sneakers but was no longer wearing jeans or a black and yellow bubble jacket, which is what he was wearing before he entered 1243 Findlay Avenue. (Id.).<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Defendant argues the search warrant was based on speculation, but it wasn\u2019t. United States v. Savage, 2026 U.S. Dist. LEXIS 138078 (S.D.N.Y. June 22, 2026)*:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20],"tags":[],"class_list":["post-64295","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64295","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=64295"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64295\/revisions"}],"predecessor-version":[{"id":64296,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64295\/revisions\/64296"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64295"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64295"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64295"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}