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S.D.Ga.: Address in error was cured by detailed description and fact officer executing the warrant had been there before

By John Wesley Hall, Jr.

Erroneous address of apartment complex which did not lead to another apartment complex because there was no other on the street. Across the street from the erroneous address was the apartment complex. Even more definitive was the fact the officer had been there before and knew the right place. United States v. Murdock, 2010 U.S. Dist. LEXIS 138943 (S.D. Ga. December 17, 2010).* This court and other district courts in the Eighth Circuit have said that pre-Gant search incidents are not governed by Gant, so this one won’t be either. Alternatively, the vehicle could have been lawfully towed and inventory, and the gun would have been inevitably found. United States v. Golden, 2010 U.S. Dist. LEXIS 138827 (W.D. Mo. November 3, 2010).* The fact the owner of the vehicle had a suspended license was reasonable suspicion to stop the car...continue to full post

Full post as published by Fourth Amendment on January 09, 2011 (boomark / email).