Category Archives: Warrant execution

D.Mass.: 15 month delay in getting SW for cell phone seized with PC was unreasonable, but GFE applies

The 15-month delay between seizure of a cell phone with probable cause is was unreasonable, applying United States v. Smith, 967 F.3d 198, 202 (2d Cir. 2020). However, the court finds that the good faith exception applies, and the court … Continue reading

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CA6: CoA denied for federal defense counsel not pursuing claim SW violated state law

CoA denied for an ineffective assistance of counsel claim that defense counsel didn’t investigate the claim that the state court search warrant hadn’t been properly issued and then filed and was thus invalid. It wouldn’t be because there was essentially … Continue reading

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MI: Separate SW for cell phone contents required when another potential crime discovered during search

Execution of a search warrant on a cell phone for one crime doesn’t permit a search of the cell phone for another crime. A separate warrant has to be obtained. The first warrant does not extinguish the owner’s reasonable expectation … Continue reading

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D.V.I.: Not showing target a “particularized list” of things to be seized doesn’t justify exclusion

Failure to tell the target of a search warrant or his lawyer who showed up what’s being seized by showing the warrant itself doesn’t justify applying the exclusionary rule. The attachments incorporated into the affidavit were present at the scene … Continue reading

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N.D.Cal.: Failure to produce SW at scene of search doesn’t violate Rule 41 or 4A

Failure to produce a search warrant at the time of the search doesn’t violate the Fourth Amendment or Rule 41. Also, the search was particular. “In our case, a San Francisco Superior Court issued the search warrant, which federal ATF … Continue reading

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N.Y.Co.: Warrant to seize DNA includes state’s ability to test

When a warrant is obtained to get evidence, here DNA, a separate warrant isn’t required to test it. People v. Belliard, 2020 NY Slip Op 20346, 2020 N.Y. Misc. LEXIS 10747 (N.Y. Co. Dec. 22, 2020). “The totality of the … Continue reading

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E.D.Tenn.: SW for premises didn’t justify stop of car allowed to leave

A search warrant for the premises here did not justify defendants’ stop in their car after they were allowed to leave it. Moreover, there was no reasonable suspicion for the stop; no traffic violation, no nothing. United States v. Williamson, … Continue reading

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The Crime Report: Chicago Mayor Fires Top Lawyer Over Botched Raid Video

The Crime Report: Chicago Mayor Fires Top Lawyer Over Botched Raid Video (“Chicago city lawyers made the rare move of apologetically withdrawing a request for federal court sanctions against a lawyer after the public release of video of a botched … Continue reading

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NBC News: Bodycam footage of botched police raid in Chicago sparks outrage

NBC News: Bodycam footage of botched police raid in Chicago sparks outrage (“The video of the February 2019 raid shows police officers handcuffed a naked woman and searched her home for nearly an hour before realizing they raided the wrong … Continue reading

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E.D.Wis.: Seizure under SW not 5A taking

A seizure under a search warrant is not a Fifth Amendment taking. Woods v. Milwaukee Cty. Dist. Atty’s Office, 2020 U.S. Dist. LEXIS 231416 (E.D. Wis. Dec. 9, 2020). Defense counsel was not ineffective for not raising defendant’s search issue … Continue reading

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W.D.Pa.: Entrapment defense for trial was speculative for possession and wouldn’t suppress SW

There was probable cause for the search warrant of defendant’s premises (a tattoo parlor) for silencers. The defense of entrapment is a trial defense, not a defense to the search warrant, especially when the charge is possession not delivery. Also, … Continue reading

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NH: Bringing Humane Society to aid in animal maltreatment search not unreasonable

Officers bringing along non-law enforcement Humane Society workers to aid in an animal maltreatment search warrant was reasonable. State v. Fay, 2020 N.H. LEXIS 198 (Dec. 2, 2020):

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S.D.Fla.: Helping Canada comply with a US MLAT request doesn’t make it a joint venture

Merely helping Canadian law enforcement comply with an MLAT request from the United States was not a joint venture. United States v. Kachkar, 2020 U.S. Dist. LEXIS 222738 (S.D. Fla. Nov. 30, 2020). Defendant’s cell phone was seized at the … Continue reading

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OH1: No govt’l immunity for property taken in search not listed

When property is taken under a search warrant and listed on the return, the government has immunity for taking it. It does not, however, have immunity for property taken that is unlisted. Brown v. City of Cincinnati, 2020-Ohio-5418, 2020 Ohio … Continue reading

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TX9: Mandamus doesn’t lie to avoid a search warrant before it’s executed

The target of a search warrant sought to avoid the search by a writ of mandamus, which is denied for lack of a right to a clear duty on the respondent’s part. In re Matula, 2020 Tex. App. LEXIS 9239 … Continue reading

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D.Conn.: Despite delay in seeking SW for electronics, on balance, warrant shall issue

Despite the delay in seeking a search warrant, the court finds the warrant should issue despite the delay because defendant was in custody otherwise denying him access to the property anyway. On the delay factor, investigations can’t be handed off … Continue reading

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