Category Archives: Warrant papers

OH1: Missing notary seal on SW affidavit not an error of constitutional magnitude, so no suppression

A search warrant isn’t void because the affidavit in support was missing a notary seal. The rest of the statutory requirements were satisfied, and this wasn’t an error of constitutional magnitude. State v. Whittle, 2024-Ohio-1023,2024 Ohio App. LEXIS 958 (1st … Continue reading

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D.C.Cir.: The sealing of SW for def’s Facebook account has no bearing on reversibility of the conviction; release pending appeal denied

Release pending appeal denied. “Fourth, Ballenger has not shown that her arguments regarding the sealing of documents obtained under the search warrant for her Facebook account present a substantial question as to, or had any material impact on, the validity … Continue reading

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CA10: AOL scanned emails for CP, found some, and forwarded to NCMEC; what NCMEC did did not matter and that’s inevitable discovery

“We conclude that the inevitable discovery exception to exclusion applies, and therefore we need not address whether NCMEC violated the Fourth Amendment by opening Tolbert’s emails and attachments or whether the good faith exception to exclusion would apply. The evidence … Continue reading

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D.Utah: Facebook account SW was properly limited to time and to crime under investigation and not overbroad

This Facebook account warrant was properly limited. “First, both warrants here were limited to a time period of about one year, from December 11, 2020, to November 17, 2021. As a result, neither warrant allowed the government to search everything … Continue reading

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D.Minn.: Terry stop with guns drawn was reasonable here

An otherwise lawful Terry stop wasn’t made unreasonable because officers, fearing a weapon, approached with guns drawn. United States v. Thomas, 2023 U.S. Dist. LEXIS 234913 (D. Minn. Dec. 13, 2023), adopted 2024 U.S. Dist. LEXIS 21178 (D. Minn. Feb. … Continue reading

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D.P.R.: Cut-and-paste error that misidentified iPhone model overlooked by correct phone number

The search warrant was for a specific phone number on an iPhone 6S, but the phone with that number was an iPhone 13. Still, the phone number controlled, and the search was valid. Alternatively, on the totality, defendant consented to … Continue reading

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IL: A detention hearing right after arrest is not the place for a suppression hearing

A detention hearing right after arrest is not the place for a suppression hearing. Thus, the detention hearing court did not err in not considering Fourth Amendment issues. People v. Parker, 2024 IL App (1st) 232164, 2024 Ill. App. LEXIS … Continue reading

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Law Review: On Warrants & Waiting: Electronic Warrants & The Fourth Amendment

Tracy Hresko Pearl, On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, 99 Ind. L. J., Issue 1, Article 1 (Winter 2023):

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DE: The PC for cell phone was limited to search history; SW otherwise overbroad

Defendant was accused of sexual contact with a four-year-old girl he was caring for. Her mother kicked him out of the house and sought a forensic exam of the child. A couple of days later, she found his cell phone … Continue reading

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W.D.Ky.: Boilerplate in affidavit doesn’t matter if the critical facts show PC

Boilerplate information in the affidavit for warrant doesn’t matter as long as the critical facts show probable cause, and here they did. There were five facts supporting probable cause. United States v. Morton, 2024 U.S. Dist. LEXIS 7580 (W.D. Ky. … Continue reading

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SD: Failure to put SW materials in record means trial court presumed correct

There were two search warrants for location data and defendant’s cell phone. Without the search warrant materials in the appellate record, there’s nothing to review and the trial court is assumed to be correct. State v. Horse, 2024 S.D. 4, … Continue reading

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MS: One of two SWs for def’s business was accidentally destroyed but not in bad faith; officers getting second SW were justified

Here there were two search warrants: One for suite E and another for both suites D & E to be sure they were searching the right premises. Execution of the suite E warrant led officers to get another for both. … Continue reading

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S.D.N.Y.: Policy directive for criminal court appearance strip searches presumptively public and not sealed

This is litigation over strip searches of detainees coming into the Manhattan Criminal Court building for court. A policy directive from another case litigated in 2018 is pertinent. The presumption of access to public records applies, and the directive will … Continue reading

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S.D.N.Y.: Former President’s name in SW materials for Parnas and Giuliani disclosed because it came up in an impeachment

In Lev Parnas’s case, the search papers are partially unsealed as to former President Trump’s name but kept under seal as to others. He is a public figure, and the others are not. As to Trump, most of this came … Continue reading

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E.D.Mo.: Inventory of car totaled in flight from police was reasonable on totality

The inventory of defendant’s car after he totaled it fleeing from the police in a wreck was reasonable on the totality. Defendant argued that inventory was improper just from curiosity. United States v. Twiggs, 2023 U.S. Dist. LEXIS 204654 (E.D. … Continue reading

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CA4: Clerk’s failure to file and stamp warrants not a 4A violation

The alleged failure of the clerk of court to file and stamp warrants was not a Fourth Amendment claim for a § 1983 case. Jordan v. Newman, 2023 U.S. App. LEXIS 29766 (4th Cir. Nov. 8, 2023). The taking of … Continue reading

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S.D.N.Y.: SW affidavit not yet available to def merely for bail application

Defendant doesn’t get to see the affidavit for warrant yet just for his bail application because the government asserts the investigation is still ongoing. Discovery of child pornography was inadvertent, and the bail application isn’t a discovery device. The question … Continue reading

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CA6: State issuing magistrate’s failure to transcribe supplemental information for PC was not enough to suppress

The affidavit and supplementing testimony provided substantial probable cause for issuance of the warrant. State law requires any testimony supplementing a search warrant affidavit be preserved and transcribed. The state issuing magistrate failed. The officer, however, acted in good faith, … Continue reading

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S.D.N.Y.: Arrested target of cell phone SW has common law right of access to affidavit and SW

The target’s motion to unseal the search warrant affidavit for his cell phone is granted. There is a common law right of access, and the First Amendment right of access does not even have to be decided. The government’s only … Continue reading

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W.D.La.: Failure to make a timely return of SW papers is not a const’l error

Failure to make a timely return of the warrant to the issuing court is not a constitutional error, and there is no showing of prejudice. United States v. Warren, 2023 U.S. Dist. LEXIS 176014 (W.D. La. Aug. 18, 2023), adopted, … Continue reading

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