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CA8: Search warrant for "venue evidence" was not shown to be unlawful pretext for drug evidence

By John Wesley Hall, Jr.

Search warrant for a person, and “venue evidence” [formerly known in the cases as “indicia evidence” was not unreasonable nor a pretext for a drug search. The officers were permitted to search in small and hidden places for the venue items, and that permitted the officers to look behind a mirror that led to discovery of drugs. United States v. Morrison, 2010 U.S. App. LEXIS 1976 (8th Cir. January 29, 2010): On May 25, 2007, Investigator Dreher completed a search warrant application for 315 East Dodge Street, requesting that the warrant cover both the person of Martinez as well as venue 2 items linking Martinez to the residence. 2 Investigator Dreher testified that venue evidence is "[a]ny mail that would have [Martinez's] name on it," including "mail, papers, [and] receipts...continue to full post

Full post as published by Fourth Amendment on January 31, 2010 (boomark / email).