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

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

Alt-Right blames Obama for SCOTUS amendment to Rule 41

I never bother to read World Net Daily because it is essentially wrong on everything. Last night’s emails includes this headline: WND: DEC. 1: WHEN 4TH AMENDMENT WILL BE DESTROYED by Craige McMillan Exclusive: Craige McMillan warns of reg that’ll … Continue reading

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

W.D.Tex.: In a Playpen case, planting software on a computer to cause it to transmit its address is “unquestionably a search”

There is no reasonable expectation of privacy in IP addresses, but planting software on a computer to cause it to transmit its address is “unquestionably a search.” Recognizing the split of authority, Rule 41 was violated, but the court declines … Continue reading

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

E.D.Mich.: Rule 41(b)(4) tracking order can’t be issued by state judge

A Rule 41(b)(4) tracking order was issued by a state court judge when a USMJ was unavailable. The court finds state judges can issue search warrant but not tracking orders, and the Advisory Committee notes made that clear. United States … Continue reading

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

PA: SW affidavits not yet revealed to def; investigation could be compromised

Reviewing the affidavits for the three search warrants, the court is convinced that there is still a risk of compromising the investigation, so the search warrants will remain under seal as to the potential defendant. The court recognizes the right … Continue reading

Posted in Common law, F.R.Crim.P. 41, Reasonable suspicion | Comments Off

D.Neb., M.D.Fla., C.D.Cal. also sustain an NIT search warrant for IP addresses

Another NIT warrant upheld in a child pornography case. United States v. Laurita, 2016 U.S. Dist. LEXIS 103405 (D.Neb. Aug. 5, 2016)* (collecting cases):

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

E.D.Wis.: Rule 41 violation isn’t necessarily a 4A violation

A violation of Rule 41 simply is not a Fourth Amendment violation. The case defendant cites isn’t on point. “[T]he defendant ignores the fact that, thirteen years after [that] decision, and almost thirty years before the search that resulted in … Continue reading

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

E.D.Va.: Another NIT Playpen case before same judge; suppression not a proper remedy

“The exact issues raised by the instant motions to suppress were also raised by the defendant in United States v. Gerald Andrew Darby, 2:16cr36. another case pending before the undersigned. The Court denied both Motions to Suppress in Darby and … Continue reading

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

D.Ore.: No territorial limitation for SW to Facebook under § 2703

“The territorial limitation in Rule 41 … does not limit warrants issued pursuant to [18 U.S.C.] § 2703.” A search warrant for Facebook in another jurisdiction was valid. United States v. Bundy, 2016 U.S. Dist. LEXIS 94476 (D.Ore. July 20, … Continue reading

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