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

CA9: Playpen warrant violated Rule 41(b)(1), but GFE still saved it

A Network Investigative Technique (NIT) warrant (“Playpen” warrant) issued by a magistrate judge in the Eastern District of Virginia exceeded the general territorial scope identified in Fed. R. Crim. P. 41(b)(1) and was thus void ab initio because it authorized … Continue reading

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N.D.Tex.: Neither 4A or Rule 41 requires SW be served on def before its execution

“Neither the Fourth Amendment nor Rule 41 requires the executing officer to serve a search warrant on the owner before beginning the search. United States v. Grubbs, 547 U.S. 90, 98-99 (2006). Counsel was not ineffective for failing to file … Continue reading

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D.R.I.: Delay in getting cell phone SW as attributed to parties’ settlement discussions

The delay in getting a search warrant for defendant’s cell phones was caused in part by the parties’ negotiations over pre-indictment resolution, and it was reasonable. United States v. Boudreau, 2018 U.S. Dist. LEXIS 48686 (D. R.I. Mar. 24, 2018).* … Continue reading

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S.D.Ala.: AL state requirement of recording SW application doesn’t apply to SW used in federal court

The Alabama state requirement that an application for a search warrant be recorded doesn’t apply to using the product of the search in federal court. United States v. Tensley, 2018 U.S. Dist. LEXIS 29979 (S.D. Ala. Feb. 26, 2018). Defendant’s … Continue reading

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SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails

SCOTUSBlog: Argument analysis: Justices divided over disclosure of overseas emails by Amy Howe:

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WaPo: Supreme Court to hear Microsoft case: A question of law and borders

WaPo: Supreme Court to hear Microsoft case: A question of law and borders by Ellen Nakashima:

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CA3: Playpen SW violated Rule 41 and 4A, but GFE saves the search

Playpen search warrant violated Fourth Amendment, but the good faith exception saves it. “For the reasons discussed below, we hold that the NIT warrant violated Rule 41(b). As a result, the magistrate judge not only exceeded her authority under the … Continue reading

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S.D.Ohio declines to wait for Microsoft to be decided and issues SW for gmail in another country

The government has applied for a Google search warrant stored overseas. Rather than wait for United States v. Microsoft to be decided, the court reviewed all the briefing in that case and decides that the search warrant will issue. In … Continue reading

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Just Security: Microsoft Ireland: Extraterritoriality Step Zero

Just Security: Microsoft Ireland: Extraterritoriality Step Zero by Pamela Bookman:

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CA4: Playpen SW sustained

Playpen warrants (where the seized server was in the Eastern District of Virginia) were valid, and the good faith exception applied because it wasn’t readily apparent that the USMJ exceeded his or her jurisdiction or that that would be a … Continue reading

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E.D.Va.: A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a

A claim that government agents disclosed the contents of the search of his house to FoxNews didn’t state a claim under The Privacy Act, 5 U.S.C. § 552a. “Rule 41 does not authorize a court to manage the collection, storage, … Continue reading

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D.Nev.: Good cause shown for execution of SW at night because of neighborhood children

The government showed good cause for execution of a search warrant at night because of defendant’s house’s proximity to a school on break that would likely have kids around in the day in case the raid became violent. In any … Continue reading

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