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Error in SW issuance date was mere scrivener's error; it was timely executed

By John Wesley Hall, Jr.

The search warrant said it was issued January 24, 2006, but it had to be 2007. This was a mere scrivener's error, and the warrant was served within ten days as required by state law. (Presented as an IAC claim.) United States v. Nelson, 2008 U.S. Dist. LEXIS 63443 (N.D. Okla. August 19, 2008).* Officer had reasonable suspicion for further detention of defendant at a traffic stop. The officer recognized defendant's car from having frequented an "open air drug market" a month earlier. "Context is important in evaluating a reasonable suspicion determination, and the fact that the Mercedes had only recently been pulled over in an area known for open-air drug trafficking could serve to put Officer White on alert." That, coupled with the defendant's excessive nervousness and shaking hands and failure to make eye contact...continue to full post

Full post as published by Fourth Amendment on August 22, 2008 (boomark / email).