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

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

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:

Posted in F.R.Crim.P. 41 | Comments Off

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

Posted in F.R.Crim.P. 41 | Comments Off

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

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

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

Naked Security: Campaigners bid to delay Rule 41 ‘legal hacking’ bill

Naked Security: Campaigners bid to delay Rule 41 ‘legal hacking’ bill by Lisa Vaas:

Posted in F.R.Crim.P. 41 | Comments Off

EFF: Why the Warrant to Hack in the Playpen Case Was an Unconstitutional General Warrant

EFF: Why the Warrant to Hack in the Playpen Case Was an Unconstitutional General Warrant by Andrew Crocker: Should the government be able to get a warrant to search a potentially unlimited number of computers belonging to unknown people located … Continue reading

Posted in F.R.Crim.P. 41, Scope of search | Comments Off

S.D.N.Y.: PC was shown, partly based on LEO’s expert opinion

There was probable cause for the search warrant in this case, partly based on a law enforcement officer’s expert opinion about drug trafficking. United States v. Lights, 2016 U.S. Dist. LEXIS 130915 (S.D.N.Y. Sept. 23, 2016). Another two Playpen cases; … Continue reading

Posted in F.R.Crim.P. 41, Probable cause | Comments Off

S.D.Iowa finds Playpen NIT warrant violation of Rule 41 and Fourth Amendment

S.D.Iowa joins minority and finds Playpen NIT warrant violation of Rule 41 also a Fourth Amendment violation. United States v. Croghan, 2016 U.S. Dist. LEXIS 127479 (S.D.Iowa Sept. 19, 2016):

Posted in F.R.Crim.P. 41 | Comments Off