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S.D.W.Va.: Checking box of a category on a warrant form did not make it not particular

By John Wesley Hall, Jr.

Objection to checking a box on a form for a category of what was to be seized is in the nature of a "hypertechnical error," even if it was error. In any event, the good faith exception would save the warrant. United States v. Alston, 2009 U.S. Dist. LEXIS 68870 (S.D. W.Va. August 6, 2009).* Defendant’s tractor trailer was speeding, and, on the stop, the log book showed reasonable suspicion just on reading it. A drug dog was called, and it alerted. The stop and was valid appropriately extended on reasonable suspicion. United States v. Arango-Lopez, 2009 U.S. App. LEXIS 17635 (4th Cir. August 7, 2009) (unpublished): Arango-Lopez was traveling over the speed limit and Trooper Stines possessed sufficient cause to stop him, request his license, registration, and other documents pertaining to commercial trucking, and examine them...continue to full post

Full post as published by Fourth Amendment on August 10, 2009 (boomark / email).