Appellate Law

CA1: warrant application omission okay

By S. COTUS

US v. Belton, No. 07-1190.  The defendant argues that the arrest ?warrant application was fatally flawed because it intentionally or recklessly left out critical facts that were needed for a proper understanding of the facts set out in the application. Had these facts been included, Belton says, the affidavit would have then been insufficient to demonstrate probable cause for the issuance of a search warrant.?  Strangely, despite repeated assertions of how carefully the District Court reviewed the evidence, and how carefully the First reviewed the record, the First don?t provide much analysis other than to say ?good enough.?  Maybe there is something political going on here, but the First ain?t showing its cards.

Full post as published by Appellate Law and Practice on March 21, 2008 (boomark / email).