Category Archives: Warrant papers

D.Minn.: Lindell SW affidavit remains under seal to protect investigation

In the Lindell cell phone search warrant case, the media seeks access to the affidavit. The government has established that, despite the vast public interest, the affidavit should remain sealed while the investigation progresses. In re Search Warrant, 2022 U.S. … Continue reading

Posted in Reasonable suspicion, Reasonableness, Warrant papers | Comments Off on D.Minn.: Lindell SW affidavit remains under seal to protect investigation

M.D.Fla.: Lack of a notary seal on state SW papers is a frivolous 4A issue

The Fourth Amendment argument that lack of a notary seal on Florida search warrant papers makes it void is frivolous. Amalfitano v. United States, 2022 U.S. Dist. LEXIS 209729 (M.D. Fla. Nov. 18, 2022). An officer using a dead man’s … Continue reading

Posted in Consent, Probable cause, Reasonable suspicion, Warrant papers | Comments Off on M.D.Fla.: Lack of a notary seal on state SW papers is a frivolous 4A issue

techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands

techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands by Tim Cushing (“No-knock warrants remain under fire as they continue to needlessly increase the death toll of residents who often have no idea who’s violently … Continue reading

Posted in Knock and announce, Warrant papers | Comments Off on techdirt: Mississippi Courts Are Helping Cops Keep Search Warrants Out Of The Public’s Hands

Cal.4th: SW papers for cell site simulators remain under seal because CIs are identified in there

EFF sued for access to search warrant materials that led to use of cell site simulators. The court finds that the protection of named CIs in the papers still needs to be protected, and they remain under seal. Electronic Frontier … Continue reading

Posted in Cell site simulators, Franks doctrine, Reasonableness, Staleness, Warrant papers | Comments Off on Cal.4th: SW papers for cell site simulators remain under seal because CIs are identified in there

D.D.C.: SW affidavit unsealed in part, protects identity of witnesses

The search warrant for Sen. Burr’s cell phone is unsealed in part after about a year under the common law right of access to judicial records. In re L.A. Times Communs. LLC to Unseal Court Records, 2022 U.S. Dist. LEXIS … Continue reading

Posted in Warrant papers | Comments Off on D.D.C.: SW affidavit unsealed in part, protects identity of witnesses

S.D.Fla.: Threats against LEOs involved in execution of SW requires affidavit remain sealed

Public threats against FBI agents involved in the search requires leaving the affidavit for the search warrant under seal. In re Warrant, 2022 U.S. Dist. LEXIS 150388 (S.D. Fla. Aug. 22, 2022). Defendant’s traffic stop was factually based and not … Continue reading

Posted in Pretext, Probation / Parole search, Qualified immunity, Warrant papers | Comments Off on S.D.Fla.: Threats against LEOs involved in execution of SW requires affidavit remain sealed

MS: Minor errors in paperwork didn’t obscure a thing and didn’t prejudice def

Minor errors in the paperwork for the warrant were not prejudicial to defendant. There was no challenge to probable cause, and the papers as a whole show the warrant timely executed after issuance. Jenkins v. State, 2022 Miss. App. LEXIS … Continue reading

Posted in Ineffective assistance, Reasonable suspicion, Warrant papers | Comments Off on MS: Minor errors in paperwork didn’t obscure a thing and didn’t prejudice def

CA6: No 4A requirement to file SW before execution

No case says that failure to file a search warrant before it is executed violates the Fourth Amendment (or state law, not that state law matters in federal court). United States v. Dixon, 2022 U.S. App. LEXIS 19457 (6th Cir. … Continue reading

Posted in Overbreadth, Warrant papers | Comments Off on CA6: No 4A requirement to file SW before execution

N.D.Ind.: Typo in SW home address was cured by picture of house

A typo in defendant’s home address was not prejudicial where there was a picture of the house included in the warrant. Thus, no ineffective assistance of counsel for not challenging it. Kassay v. United States, 2022 U.S. Dist. LEXIS 116669 … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Warrant papers, Warrant requirement | Comments Off on N.D.Ind.: Typo in SW home address was cured by picture of house

CO: State can’t pile hunch on hunch to try to get to PC

“Colorado State Patrol (‘CSP’) Trooper Christian Bollen had a hunch, and then another hunch, and then another hunch. And he acted on those hunches, despite a circumstance directly undermining them.” “An officer’s hunch is insufficient to establish reasonable suspicion to … Continue reading

Posted in Ineffective assistance, Probable cause, Warrant papers | Comments Off on CO: State can’t pile hunch on hunch to try to get to PC

D.Conn.: Handcuffing did not turn this stop into an arrest

Handcuffing did not turn this stop into an arrest. United States v. Walker, 2022 U.S. Dist. LEXIS 108170 (D.Conn. June 17, 2022).* Petitioner’s 2254 claim was based on ineffective assistance of counsel for waiver of his claim that he was … Continue reading

Posted in Reasonable suspicion, Warrant execution, Warrant papers | Comments Off on D.Conn.: Handcuffing did not turn this stop into an arrest

CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

Failure to deliver the whole search warrant to defendant violated Rule 41(f)(1)(C), but it wasn’t deliberate so no suppression. United States v. Manaku, 2022 U.S. App. LEXIS 16337 (9th Cir. June 14, 2022). 2254 petitioner’s ineffective assistance of counsel for … Continue reading

Posted in Custody, Ineffective assistance, Seizure, Warrant papers | Comments Off on CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

OH7: Attached affidavit made SW particular

While the search warrant wasn’t particular, it incorporated the affidavit which was. State v. Bugno, 2022-Ohio-2008, 2022 Ohio App. LEXIS 1882 (7th Dist. June 9, 2022). The emergency aid exception applies: “[T]he presence of blood on the premises, coupled with … Continue reading

Posted in Emergency / exigency, Reasonable suspicion, Warrant papers | Comments Off on OH7: Attached affidavit made SW particular

E.D.Pa.: 4A doesn’t even require SW be signed if PC was found by issuing magistrate; signing in wrong place doesn’t matter

The issuing magistrate’s failure to sign the warrant in the appropriate place is not a Fourth Amendment violation. The Fourth Amendment does not even require the search warrant be signed by the issuing magistrate as long as probable cause was … Continue reading

Posted in Good faith exception, Warrant papers | Comments Off on E.D.Pa.: 4A doesn’t even require SW be signed if PC was found by issuing magistrate; signing in wrong place doesn’t matter

W.D.Okla.: An alleged victim’s vague claim a group of men ‘were after him’ is not RS

“Applying these standards, and giving deference to all inferences Officer Nitzky could reasonably have drawn in favor of the credibility of Mr. Ingram’s complaint, the Court concludes that the detention and search of Defendant at the Denny’s on December 14, … Continue reading

Posted in Probable cause, Reasonable suspicion, Warrant papers | Comments Off on W.D.Okla.: An alleged victim’s vague claim a group of men ‘were after him’ is not RS

C.D.Cal. orders state court to unseal SW papers that led to federal prosecution

For some reason, the federal government and defendant do not have the state search warrant in this case after it indicted defendants. So, “The Court ORDERS the Superior Court of California, Los Angeles County to unseal state search warrant No. … Continue reading

Posted in Issue preclusion, Reasonable suspicion, Warrant papers | Comments Off on C.D.Cal. orders state court to unseal SW papers that led to federal prosecution

DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it’s granted. Defense counsel has already been given access … Continue reading

Posted in Good faith exception, Nexus, Reasonable suspicion, Warrant papers | Comments Off on DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

IA: Admission of SW affidavit at trial with CI’s version violated confrontation

Admission of the search warrant affidavit here at trial with inadmissible hearsay of the CI was a violation of confrontation. State v. Martinez, 2022 Iowa App. LEXIS 410 (May 11, 2022). These search warrant materials remain sealed for one year. … Continue reading

Posted in Admissibility of evidence, Rule 41(g) / Return of property, Warrant execution, Warrant papers | Comments Off on IA: Admission of SW affidavit at trial with CI’s version violated confrontation

TX: Boilerplate in cell phone SW affidavit not unreasonable, but facts of PC must be shown too

Boilerplate language in a search warrant application for a cell phone isn’t inappropriate, but there must still be a factual showing of probable cause for search of the phone. State v. Baldwin, 2022 Tex. Crim. App. LEXIS 321 (May 11, … Continue reading

Posted in Burden of pleading, Cell phones, Warrant papers | Comments Off on TX: Boilerplate in cell phone SW affidavit not unreasonable, but facts of PC must be shown too

E.D.Wis.: Admitted investigatory motive for inventory made it unreasonable

Officers had an admitted investigatory motive for stopping and searching defendant’s car. They found a reason to impound it and conduct an inventory, and that was unreasonable here. United States v. Clayton, 2022 U.S. Dist. LEXIS 80076 (E.D.Wis. May 3, … Continue reading

Posted in Consent, Inventory, Standing, Warrant papers | Comments Off on E.D.Wis.: Admitted investigatory motive for inventory made it unreasonable