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

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

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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

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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

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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

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big think: Edward Snowden: The Rule 41 Amendment Returns Us to the 1760s

big think: Edward Snowden: The Rule 41 Amendment Returns Us to the 1760s by Natalie Showmaker:

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Rule 41 change effective: NPR: Judges Have More Power In Granting Warrants To Hack Digital Devices / Some questions for Jeff Sessions

NPR: Judges Have More Power In Granting Warrants To Hack Digital Devices by David Welna Under new rules, the Justice Department can ask a federal court for permission to search mobile devices outside the court’s district. Congress had a full … Continue reading

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IP Watchdog: Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches [except it goes into effect at midnight]

IP Watchdog: Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches by Steve Brachmann Query: Can Congress block a rule after sitting on their hands from SCOTUS notice to them in April … Continue reading

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E.D.N.Y.: Def agrees that govt can have his emails, so Rule 41 SW isn’t appropriate; use consent or other court order instead

Because the indicted and debriefed defendant freely consents to disclosure of his email account, the request for a Rule 41 search warrant for it is therefore denied. The government can get it by subpoena or other court order. In the … Continue reading

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