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N.D.W.Va.: Just because what was sought in a SW was not found does not mean PC was lacking

By John Wesley Hall, Jr.

The proof is not in the pudding on execution of a search warrant that the warrant was not particular or lacked probable cause. The fact the exact things sought are not found does not mean the warrant was lacking probable cause. United States v. Gaschler, 2009 U.S. Dist. LEXIS 48449 (N.D. W.Va. June 3, 2009): In his objections to the magistrate judge's report and recommendation, the defendant contends that the magistrate judge erred by finding that probable cause supported the issuance of the warrant because the evidence actually seized from the defendant's residence is vastly less than what the officers sought to seize, and because the property seized provides no evidence of child pornography. In the defendant's view, the discrepancy between what was sought and what was seized demonstrates that the information supporting the affidavit was unreliable, and that, therefore, the search warrant lacked probable cause...continue to full post

Full post as published by Fourth Amendment on June 15, 2009 (boomark / email).