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W.D.Mich.: Unsigned warrant not per se Fourth Amendment violation in a § 2255

By John Wesley Hall, Jr.

Defendant attached an unsigned copy of a search warrant to his § 2255. Even assuming that the search warrant used in the case was unsigned, that is not a per se constitutional error because it does not prove that the judge did not consider and issue the warrant. Beard v. United States, 2011 U.S. Dist. LEXIS 20161 (W.D. Mich. February 28, 2011).* Defendant’s § 2255 argument that his defense counsel failed to renew his Fourth Amendment challenges is moot because the Fourth Amendment challenges were appealed. Pitcher v. United States, 2011 U.S. Dist. LEXIS 19716 (E.D. N.Y. February 28, 2011).* “[E]ven if the agent’s statements had been knowingly and intentionally false, that circumstance would not negate probable cause”; therefore, Franks hearing denied...continue to full post

Full post as published by Fourth Amendment on March 04, 2011 (boomark / email).