Category Archives: Warrant execution

PA: SW for cell phone extraction executed after expiration was treated as a warrantless search

A search warrant executed on cell phones for extraction of data expired four days before the search. Therefore, the search was warrantless, and the trial court should have suppressed. Commonwealth v. Bowens, 2020 Pa. Super. LEXIS 22 (Jan. 17, 2020). … Continue reading

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M.D.Ala.: No constitutional requirement that the SW be served on the target of the search, so the missing attachment didn’t matter

There is no constitutional requirement that the search warrant be served on the target of the search, so the missing attachment didn’t matter. “As stated above, the record demonstrates with reasonable certainty that a warrant stating with particularity the items … Continue reading

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WaPo: Investigative tool used in law firm searches at risk, federal prosecutors fear

WaPo: Investigative tool used in law firm searches at risk, federal prosecutors fear by Ann E. Marimow (“Last spring, more than a dozen federal agents spent six hours searching the law firm of a prominent Maryland attorney, sweeping up thousands … Continue reading

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E.D.Pa.: Leaked existence of federal SW that had press there before the SW results in statutory damages award

Plaintiff sued the government because the IRS and FBI leaked to the media a search warrant for his premises and the media was there. He got $1000 in statutory damages. He filed an untimely motion to reopen based on alleged … Continue reading

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NC: Reasonable force can be used for a DUI blood draw under SW when def refuses

Officers had a search warrant for defendant’s blood while he was in the hospital for an accident. Relying on United States v. Bullock, 71 F.3d 171 (5th Cir. 1995), the court concludes that reasonable force can be used to take … Continue reading

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M.D.Pa. Delay in searching cell phones wasn’t unreasonable because def was in jail out of possession anyway

The delay between seizing defendant’s cell phones and searching them wasn’t unreasonable considering he was in jail and would have had no access to them anyway. United States v. Carey, 2020 U.S. Dist. LEXIS 1150 (M.D. Pa. Jan. 6, 2020). … Continue reading

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CA4: Two address typos in affidavit for SW along with correct address twice and correct address in SW not error

There were two address typos in the affidavit, but it was in there correct twice, too. The warrant was correct. The search was reasonable. “In these circumstances, the technical errors in the search warrant affidavit did not invalidate the warrant … Continue reading

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CA9: There was PC for the warrant for the premises, and officers were not unreasonable in continuing the search for an hour when they learned their target didn’t live there

Officers got a search warrant for a mobile home, and found out when they executed it that their target didn’t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. … Continue reading

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AR: Prosecutor also didn’t know for a year that an HBO documentary crew was present at search; no discovery violation on SW materials

About a year after the execution of the search warrant, the parties learned that an HBO documentary crew recording Meth Storm was along for the search. Citing Layne v. Wilson and Brady, the defense sought access to the video and … Continue reading

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NY1: Execution of SW on cell phone in police custody in 30 days not unreasonable

Defendant’s cell phones were already in the possession of the police, and the search warrant was deemed by its own language as executed on issuance. The actual search, however, took 30 days, and that wasn’t unreasonable. People v. Ruffin, 2019 … Continue reading

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WA: Arrestee’s right to advice of right to counsel doesn’t require stopping execution of SW to tell him

While an arrestee is entitled to a prompt notice of his right to counsel, police do not have to interrupt execution of a search warrant to do it. State v. Ackerman, 2019 Wash. App. LEXIS 3023 (Dec. 2, 2019). Officers … Continue reading

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S.D.Ohio: Among eight 4A issues, none prevails; failure to provide inventory at the time of search is ministerial and requires a showing of prejudice

Defendant raised almost every conceivable Fourth Amendment and Rule 41 issue he could, and the district court rejects them all: (1) “The information in the affidavit is insufficient to support a finding of probable cause as to the crimes listed … Continue reading

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