Earlier filings in the case stated that the SD cards were recovered from a Dodge Ram truck, a Cadillac Escalade, and the Sony 7R camera recovered from Gaulden’s cameraman Marvin Ramsey a block away.
The warrant specifically stated that “if the thing specified” in the affidavit were found at the address, the officers could “seize and hold them in safe custody pending further orders of the court,” Gaulden’s new filing, obtained by“Officers used this vague warrant as a blank check that they clearly did not believe limited their discretion in any way to search what they wanted, when they wanted,” the filing states.
“The language in the warrant may not be a model of technical clarity. However there is no constitutional requirement that an affiant, who is a police officer and not lawyer or judge abreast of legal refinements, [must] masterfully craft language or provide elaborate detail concerning the item to be searched — especially in this case where [the officer] was writing his affidavit in the middle of a chaotic crime scene,” prosecutors wrote.
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