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MN: Misstatements in affidavit for SW were not at all material to whether warrant would issue

By John Wesley Hall, Jr.

The affidavit for the search warrant had misstatements, but they dealt with the caliber and make of a gun and they were hardly material to the issuance of the search warrant. Also, inclusion of some omitted information was not material either. State v. Andersen, 2010 Minn. LEXIS 339 (June 30, 2010).* The issue about whether a search warrant application was public or not was not material to the alibi defense in the case, so it could not be ineffective assistance to not raise it. Staunton v. State, 2010 Minn. LEXIS 347 (June 30, 2010).* Search of defendant’s purse and clothing was justified by her conduct fleeing the police prior to her crash. State v. Gates, 2010 Iowa App. LEXIS 667 (June 30, 2010).* While the officer did not have reasonable suspicion for entry into the house [or probable cause?], there was still consent from a person with apparent authority...continue to full post

Full post as published by Fourth Amendment on July 03, 2010 (boomark / email).