Category Archives: Warrant papers

W.D.Wis.: 4A doesn’t require filing SW and application before service

Filing a search warrant and application before it is served isn’t a constitutional requirement. [And even if it was, where’s the prejudice?] United States v. Robinson, 2025 U.S. Dist. LEXIS 130063 (W.D. Wis. July 8, 2025):

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KS: There’s a statutory right of def to SW affidavits

A person accused has a statutory right of access to search warrant affidavits in his own case. “The applicable provisions state only that the documents ‘shall be made available’ to defendants ‘when requested,’ without specifying to whom the request should … Continue reading

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TX4: State can’t rely on community caretaking function where it didn’t make a record below

The state couldn’t rely on the community caretaking function exception on appeal where it didn’t develop the record for it below. State v. Young, 2025 Tex. App. LEXIS 4196 (Tex. App. – San Antonio June 18, 2025). Defendant can’t make … Continue reading

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TX5: Failure to swear an oath or affirmation before the issuing judge was fatal to warrant

Failure to swear an oath or affirmation before the issuing judge was fatal to this warrant. He signed it but didn’t acknowledge swearing to it. “the Court of Criminal Appeals has specifically explained that ‘to convey the solemnity and critical … Continue reading

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CA8: In a consent search of a car, picking up cell phone and seeing lit screen wasn’t an unreasonable search

“Did Trooper Rorie’s 20 seconds of questioning and request for consent prolong the stop beyond the time needed to complete the remaining tasks of the traffic stop? We hold that it did not. The brief duration of the inquiry within … Continue reading

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OH5: Obvious typo in SW paperwork can be overlooked

Obvious typographical error in search warrant papers can be overlooked. State v. Crisp, 2025-Ohio-1718, 2025 Ohio App. LEXIS 1690 (5th Dist. May 13, 2025). Walking away from a police encounter is permitted, but here the officers had reasonable suspicion based … Continue reading

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FL5: Traffic stops can be based on RS, not PC

Traffic stops can be based on reasonable suspicion, not just probable cause. State v. Howard, 2025 Fla. App. LEXIS 3618 (Fla. 5th DCA May 9, 2025). A light bar on a three wheel off road vehicle was reasonable suspicion for … Continue reading

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AF: Military search authorization orally supplemented was subject to GFE

There were multiple military search authorizations, and the request here was orally supplemented before issuance expanding the particularity. Also, the good faith exception applies. United States v. Johnson, 2025 CCA LEXIS 193 (A.F. Ct. Crim. App. May 2, 2025). A … Continue reading

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CA4: SW affidavit not required to name an offender

A search warrant is about whether evidence would be found in the place to be searched, not whether there’s an offender. United States v. Johnson, 2025 U.S. App. LEXIS 10138 (4th Cir. Apr. 28, 2025). 2255 petitioner’s Franks ineffective assistance … Continue reading

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S.D.N.Y.: NY Times gets access to Eric Adams SW materials

The New York Times is granted access to the search warrant materials in the Eric Adams case. It satisfied the standards for common law access. Some limited redactions are permitted. United States v. Adams, 2025 U.S. Dist. LEXIS 79178 (S.D.N.Y. … Continue reading

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W.D.Pa.: Def doesn’t overcome common law presumption SW records are public records

Defendant objects to the search warrant materials being unsealed on the docket. He has not overcome the common law presumption of open access. The First Amendment right of public access is even broader. These papers are unsealed. United States v. … Continue reading

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KS: In responding to SW, out-of-state social media company’s authentication statement substantially complied with state law

In responding to a search warrant request, the social media company provided Rule 901 authentication for that state “under penalty of perjury,” but under the law of the United States not the State of Kansas. It was under penalty of … Continue reading

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W.D.Ky.: Police battering ram to door and shots fired inside is a seizure

In the Brianna Taylor civil rights prosecution, the battering ram to the door of the apartment with shots being fired was a seizure of the occupants. United States v. Hankison, 2025 U.S. Dist. LEXIS 29347 (W.D. Ky. Feb. 19, 2025).* … Continue reading

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CA9: 4A does not require the recording of telephonic oaths

The Fourth Amendment does not require the recording of telephonic oaths. United States v. Larkins, 2025 U.S. App. LEXIS 3513 (9th Cir. Feb. 14, 2025). The officer’s conduct was not reckless or deliberate to avoid the good faith exception. United … Continue reading

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AR: “[T]he exclusionary rule—absent a showing of bad faith—does not apply in a revocation hearing.”

“[T]he exclusionary rule—absent a showing of bad faith—does not apply in a revocation hearing.” Wallace v. State, 2025 Ark. App. 19 (Jan. 15, 2025). An officer on patrol in a motel parking lot saw defendant’s car. They drove past each … Continue reading

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CA1: SW was in good faith where affidavit was accidentally not filed with court

The Postal Inspector here prepared the search warrant affidavit, and the affidavit was to be incorporated with the warrant. The warrant was filed, however, by the USAO without the affidavit attached. The good faith exception applies. The officer did nothing … Continue reading

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S.D.Ala.: Failure to timely make SW return under state law not a 4A issue

The fact the search warrant paperwork wasn’t returned on time which made it void under state law isn’t relevant under the Fourth Amendment in federal court. Jackson v. United States, 2024 U.S. Dist. LEXIS 235912 (S.D. Ala. Dec. 4, 2024), … Continue reading

Posted in Excessive force, Reasonableness, Rule 41(g) / Return of property, Unreasonable application / § 2254(d), Warrant papers | Comments Off on S.D.Ala.: Failure to timely make SW return under state law not a 4A issue

W.D.N.Y.: Incorrect AUSA assertion about which phone was searched had to be promptly clarified, not when he or she felt like it

Here, the AUSA was apparently confused in pleadings as to which cell phone was searched, a white or black one. When the AUSA learned that the wrong one was spoken of, he or she had a duty to promptly clarify–not … Continue reading

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NV: No suppression for a delayed return of SW

State law says that the product of search warrants can be suppressed when they were wrongfully executed. That says nothing about a delayed return, and the search won’t be suppressed for that reason. Alvarez v. State, 2024 Nev. LEXIS 69 … Continue reading

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NY3: No REP in SHU surveillance

Defendant was in a special housing unit in a NY state prison. He knew he was under constant surveillance. He had no reasonable expectation of privacy in admissions he made caught on video. People v. Ashcroft, 2024 NY Slip Op … Continue reading

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