Category Archives: Warrant execution

CA2: Not unreasonable here to use flashbang device in execution of SW

Defense counsel was not ineffective for not challenging the use of a flashbang device in execution of the search warrant at defendant’s home. The Fourth Amendment does not usually require limits on how the warrant should be executed. Here, it … Continue reading

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E.D.N.Y.: Battering down door at dawn in CP SW wasn’t unreasonable, even if uncalled for

SWAT team entry into defendant’s Queens home at dawn for child pornography on a computer was not unreasonable. The police knew that only defendant, his wife, and their children (the children were “Potential Hazards” according to their operational plan) were … Continue reading

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E.D.Ky.: Def shows nothing to support claim taint team violated attorney-client privilege in review after SW

Defendant argued that the execution of this search warrant resulted in disclosure of attorney-client privileged information because of alleged misuse of a taint team. But, he provides no context or anything to go on. Taint teams are recognized in such … Continue reading

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C.D.Cal.: SWAT team raid damage to house included in insurance coverage

Plaintiff’s claim against defendant insurance company for failing to pay an insurance claim for damage during a SWAT team raid on his house goes forward. The policy’s exclusionary clauses are overbroad under California law. Heard v. QBE Ins. Corp., 2022 … Continue reading

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WA: ID officers participating in WA permitted at common law and not barred by 4A or statute

A child pornography investigation in Idaho led to a search warrant in a neighboring county in Washington. The Washington officers inviting Idaho officers to participate in aiding the search did not violate statute or the Fourth Amendment. It was permitted … Continue reading

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KS: “Best practices” in a search protocol isn’t usually constitutionally required

Applying “best practices” to a search protocol isn’t usually constitutionally required. State v. Fudge, 2022 Kan. App. LEXIS 37 (Sep. 30, 2022):

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D.Neb.: Towing a trailer to police station to execute a SW on it was reasonable

Police had probable cause that a sexual assault occurred in defendant’s trailer, so they seized it to get a search warrant. Before executing the warrant, they had it towed to a police station. Defendant was in jail and had no … Continue reading

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N-M: Cell phone search authorization for one day produced 200,000 images; but still not unreasonable because of how it was done

The search authorization for defendant’s cell phone for location data and images for a particular date was supported by probable cause. The Cellebrite download included 200,000 images, far more than the day in question. While looking for the day in … Continue reading

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S.D.Ind.: Inordinate delay in producing cell phone search discovery doesn’t justify dismissal

The government’s untimely discovery response to defendant’s repeated requests for the product of his cell phone search doesn’t warrant dismissal of the indictment. Probable cause was shown for the cell phone search, and the motion to suppress is denied. United … Continue reading

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GA: Product of state search warrant could be analyzed by federal officers

The fact a search warrant was directed to all peace officers of the State of Georgia didn’t preclude the state from turning the evidence over to the Secret Service for forensic analysis. Oliver v. State, 2022 Ga. App. LEXIS 344 … Continue reading

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Reason: This Innocent Woman’s House Was Destroyed by a SWAT Team. A Jury Says She’s Owed $60,000

Reason: This Innocent Woman’s House Was Destroyed by a SWAT Team. A Jury Says She’s Owed $60,000 by Sam Binion (“When Vicki Baker cleared out her home in McKinney, Texas, in 2020, she filled two 40-foot dumpsters with her belongings. … Continue reading

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CA3: Not plain error to fail to exclude potential prejudicial testimony about risk of violence in execution of SW

Testimony about how a search warrant was executed as it was could have prejudiced defendant by revealing the government thought he was violent before arrest. It was not, however, plain error on this record without an objection. United States v. … Continue reading

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D.Conn.: Handcuffing did not turn this stop into an arrest

Handcuffing did not turn this stop into an arrest. United States v. Walker, 2022 U.S. Dist. LEXIS 108170 (D.Conn. June 17, 2022).* Petitioner’s 2254 claim was based on ineffective assistance of counsel for waiver of his claim that he was … Continue reading

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S.D.Miss.: Taint team after a SW isn’t a judicial function, rejecting Baltimore Law Firm

This district court rejects, as has S.D.N.Y., the Art. III function of filter teams reviewing searches of Baltimore Law Firm. (In re Search Warrant Issued June 13, 2019 (“Baltimore Law Firm”), 942 F.3d 159, 170-71 (4th Cir. 2019)). Too much … Continue reading

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OH4: Allegation of delay in SW execution until def was present didn’t make it unreasonable

The officers’ delay in executing the search warrant for defendant’s property until he was there so he could be searched, too, was not unreasonable. The warrant had not gone stale by the time it was executed. State v. Alexander, 2022-Ohio-1812, … Continue reading

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ID: Calling for drug dog before RS existed extended the stop

During the traffic stop, the diversion to call for a drug dog was without reasonable suspicion and it extended the stop. State v. Still, 166 Idaho 351, 458 P.3d 220 (App. 2019), is overruled. State v. Karst, 2022 Ida. LEXIS … Continue reading

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W.D.N.C.: § 1983 claim officers dented a door during a raid is not a 4A violation

Claim officers denting a door during a raid is not a Fourth Amendment violation. Fulbright v. Hodges, 2022 U.S. Dist. LEXIS 85727 (W.D.N.C. May 12, 2022):

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IA: Admission of SW affidavit at trial with CI’s version violated confrontation

Admission of the search warrant affidavit here at trial with inadmissible hearsay of the CI was a violation of confrontation. State v. Martinez, 2022 Iowa App. LEXIS 410 (May 11, 2022). These search warrant materials remain sealed for one year. … Continue reading

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CA11: Pressing key fob found during search of home to find car didn’t violate 4A

Pressing the key fob found inside during a search to locate the car outside was reasonable under the automobile exception. United States v. Fortson, 2022 U.S. App. LEXIS 11176 (11th Cir. Apr. 25, 2022). “Defendant’s constitutional rights were not violated … Continue reading

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Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’

Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’ by Matthew Chapman (argument video, too):

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