Category Archives: Warrant execution

S.D.Fla.: Co-def’s winning suppression motion shows IAC for this defendant

Defendant satisfied his burden of proof that defense counsel was ineffective because his codefendant prevailed on his motion to suppress. If he’d timely moved to set aside the plea it would have almost certainly been granted. Perez v. United States, … Continue reading

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VA: Statute on filing warrant papers in court is procedural and suppression not the remedy

The statute requiring search warrant papers be filed with the circuit clerk is merely procedural, and it confers no substantive rights for its violation. Heroin in the car was visible from outside and thus in plain view, and that was … Continue reading

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NH: Def who borrowed car not prejudiced by five day delay in getting SW for it

Because defendant didn’t own the car he borrowed, he wasn’t prejudiced by the five day delay in getting a search warrant for it. State v. Stacey, 2018 N.H. LEXIS 208 (Nov. 2, 2018). State law requires automobile exception apply to … Continue reading

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CT: Records of a search and seizure are public records under state FOIA

Search and seizure records are public records under the state FOIA. The records of what are seized from the subject of the search are still the public’s business. Comm’r of Emergency Servs. & Pub. Prot. v. Freedom of Info. Comm’n, … Continue reading

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CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

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WaPo: Opinion: Little Rock’s dangerous and illegal drug war

WaPo: Opinion: Little Rock’s dangerous and illegal drug war by Radley Balko (with security video of the raid) (and this is a product of Hudson v. Michigan, which we can thank SCOTUS for):

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WaPo: Pr. George’s police thought they were bursting into home of a drug dealer. They were at an innocent man’s door instead.

WaPo: Pr. George’s police thought they were bursting into home of a drug dealer. They were at an innocent man’s door instead. by Lynh Bui and Clarence Williams:

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D.S.D.: Reasonable to stop car driving off rural property as police arrive to execute a SW

Officers arrived with a search warrant for a house on rural property, and a vehicle was leaving. It was reasonable to stop the vehicle to determine whether it or an occupant belonged at the house and was covered by the … Continue reading

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N.D.Ohio: People found in the backyard when SW executed subject to frisk

It was reasonable to patdown men found in the backyard of a house searched under a warrant. Ybarra distinguished. There was virtually reasonable suspicion as to anybody associated with the property. United States v. Cargill, 2018 U.S. Dist. LEXIS 152038 … Continue reading

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W.D.Mich.: Def standing next door wasn’t on his property when the SW was executed at his house and could not be detained

A search warrant was issued for defendant’s house for two buys from it: one an hour earlier, and another a week earlier. The warrant authorized detention and search of persons found there. When 19 officers showed up to serve the … Continue reading

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KY: SW not invalid because the color of door was wrong; finding gun during search for drugs not unreasonable

“Appellant specifically argues that the warrant was defective because it incorrectly described the front door to his residence as black when, in fact, the door was brown. Appellant’s first name was also misspelled in the warrant. However, neither of these … Continue reading

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CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

When the officer arrived at plaintiff’s address with a search warrant for apartment 1, he instead found apartments 1A and 1B. The officers attempted to clear up the ambiguity before the search, and they searched 1A finding nothing, and the … Continue reading

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