Super Secret Search Warrant Challenge
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by: Ryan • January 19, 2011 • one comment
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Assume the search warrant affidavit provides probable cause. Judge signs the warrant. You can still get the warrant tossed if new information came to the affiant's attention that undermines probable cause '''before '''the search warrant is executed, because "any material changes in the facts contained in the warrant affidavit that occur before the warrant is executed" must be reported to the issuing magistrate. ''US v. Marin-Guitrago'', 734 F2d 889 (2d Cir 1984);'' See also US v. Bowling'', 900 F2d 926 (6th Cir. 1990); ''US v. Jacobs'', 986 F2d 1231 (8th Cir 1993). | Assume the search warrant affidavit provides probable cause. Judge signs the warrant. You can still get the warrant tossed if new information came to the affiant's attention that undermines probable cause '''before '''the search warrant is executed, because "any material changes in the facts contained in the warrant affidavit that occur before the warrant is executed" must be reported to the issuing magistrate. ''US v. Marin-Guitrago'', 734 F2d 889 (2d Cir 1984);'' See also US v. Bowling'', 900 F2d 926 (6th Cir. 1990); ''US v. Jacobs'', 986 F2d 1231 (8th Cir 1993). | ||
| − | {{wl-publish: 2011-01-19 21:00:00 -0800 | Ryan }} | + | {{wl-publish: 2011-01-19 21:00:00 -0800 | Ryan:Ryan Scott }} |
Latest revision as of 12:08, August 10, 2013
This won't come up very often, but when it does, you'll be able to impress the judge and prosecutor with your legal acumen.
Assume the search warrant affidavit provides probable cause. Judge signs the warrant. You can still get the warrant tossed if new information came to the affiant's attention that undermines probable cause before the search warrant is executed, because "any material changes in the facts contained in the warrant affidavit that occur before the warrant is executed" must be reported to the issuing magistrate. US v. Marin-Guitrago, 734 F2d 889 (2d Cir 1984); See also US v. Bowling, 900 F2d 926 (6th Cir. 1990); US v. Jacobs, 986 F2d 1231 (8th Cir 1993).
