Category Archives: F.R.Crim.P. 41

D.Nev.: An email warrant can be for servers outside the jurisdiction of the court

A search warrant for email can be for servers outside the jurisdiction of the court. United States v. McGuire, 2017 U.S. Dist. LEXIS 114471 (D. Nev. Feb. 9, 2017). The Coast Guard was surveilling Arroyo Quemada Beach in Santa Barbara … Continue reading

Posted in E-mail, F.R.Crim.P. 41, Reasonable suspicion | Comments Off

CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable

The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading

Posted in Cell phones, F.R.Crim.P. 41, Scope of search, Warrant execution | Comments Off

CA8 upholds Playpen warrant strictly on GFE despite Rule 41 violation

Playpen warrant upheld purely on good faith exception of Davis and Herring. Rule 41 was violated, but the court finds the costs of exclusion outweight deterrence, particularly where the rule was modified to permit such later warrants. United States v. … Continue reading

Posted in Computer searches, F.R.Crim.P. 41, Good faith exception | Comments Off

D.N.J.: Google has to produce emails stored overseas

Google responds to subpoenas and search warrants for email accounts from its California headquarters. The fact that the actual data may be stored in a server in another country doesn’t matter–Google still has to produce. In re Search Warrant to … Continue reading

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D.N.M.: GPS tracking warrants can be issued by USMJs; Title III doesn’t apply

The GPS tracking warrants were issued by a USMJ, and Title III’s restriction on only USDJs issuing wiretaps doesn’t apply tracking warrants [which are specifically mentioned in Rule 41]. The tracking did not exceed the 45 day limitation in the … Continue reading

Posted in Consent, F.R.Crim.P. 41, GPS / Tracking Data | Comments Off

TN: No appeal of right for return of property under state 41(g) without successful motion to suppress

Where defendant pled guilty and did not raise a suppression issue, he could not, three years later, move for return of property under state rule 41(g) as a matter of right. The court of appeals held that the 41(g) motion … Continue reading

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D.Minn. USMJ finds Playpen warrant constitutionally defective and no GFE

“Accordingly, the NIT warrant is void ab initio. Without an identifiable warrant exception (the Government offers none and the Court is aware of none) the Court concludes that the NIT warrant’s violation of Rule 41(b) and 28 U.S.C. § 636(a) … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception | Comments Off

D.Minn.: Violation of state law in issuing a cell phone search warrant not ground to suppress in federal court

A cell phone search warrant issued in violation of Georgia law would not be suppressed in federal court. Also, Rule 41 and the Fourth Amendment are not coextensive, so the alleged violation of Rule 41 is not necessarily a violation … Continue reading

Posted in Cell phones, F.R.Crim.P. 41 | Comments Off

LA rule permitting electronic warrant applications and issuance doesn’t violate 4A or Rule 41

The police got a search warrant from a Louisiana state judge by electronic means, but the case ended up in federal court. Louisiana’s criminal rule permitting electronic warrant applications does not violate the “oath or affirmation” requirement of the Fourth … Continue reading

Posted in F.R.Crim.P. 41, Warrant requirement | Comments Off

D.V.I.: Telephonic warrant requirements were complied with and GFE didn’t apply

The telephonic search warrant here failed the requirements of Rule 41, including the verbatim reading of the warrant to the issuing judge, and didn’t mention that they also wanted to search a car that was omitted from the warrant. The … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, Warrant requirement | Comments Off