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D.Md.: Mistake in affidavit for SW of offense under investigation did not void warrant

By John Wesley Hall, Jr.

The search warrant affidavit referred to the offense under investigation as first degree murder, but it was merely assault. This did not, as defendant argues, make it invalid per se. “The courts also ‘allow some latitude for honest mistakes’ made in connection with warrants. United States v. Owens, 848 F.2d 462, 464 (4th Cir. 1988). Because there was probable cause, the warrant's reference to ‘first degree murder’ was harmless error. Accordingly, Hill’s motion to suppress the gun was denied.” United States v. Hill, 2010 U.S. Dist. LEXIS 49815 (D. Md. May 20, 2010).* The electric company’s revenue loss investigator received a tip of electricity theft from the police and went to investigate. That did not make him an agent of the state...continue to full post

Full post as published by Fourth Amendment on May 23, 2010 (boomark / email).