Category Archives: Warrant execution

CA10: 404(b) evidence is subject to 4A exclusion, but harmless error applies

404(b) evidence obtained in violation of the Fourth Amendment is subject to suppression. United States v. Hill, 60 F.3d 672, 677 (10th Cir. 1995). Here, however, it was harmless beyond a reasonable doubt. United States v. Dalton, 2019 U.S. App. … Continue reading

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WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show

WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show by Devlin Barrett, Matt Zapotosky and Rosalind S. Helderman:

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S.D.N.Y.: Use of military weaponry (flash bang) in a residential neighborhood is LEO discretion under FTCA

The choice of law enforcement officers to use flash bang devices in a residential neighborhood at 4 a.m. is discretionary with the police and not unreasonable as a matter of law: “weighing of such risks against the necessity of using … Continue reading

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LA2: Failure to return papers to the clerk or court does not warrant suppression

The searching officer’s failure to file the return of the paperwork with the court is not a constitutional violation requiring suppression of the search warrant. State v. Hardyway, 2019 La. App. LEXIS 320 (La. App. 2 Cir. Feb. 27, 2019). … Continue reading

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WaPo: Internal memo suggests Little Rock police serve every search warrant with a SWAT team

WaPo: Internal memo suggests Little Rock police serve every search warrant with a SWAT team by Radley Balko: “It is a mandate from the Office of the Chief of Police that the SWAT team execute all search warrants.”

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Above the Law: The Constitution Demands A Stronger Check On Government Raids Against Civilians

Above the Law: The Constitution Demands A Stronger Check On Government Raids Against Civilians by Tyler Broker: Despite decreasing crime across the country, the success of alternatives, and widespread criticism, the business of government raids is booming.

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CA6: State SW can be used to bring a federal prosection

A state search warrant, of course, can be used to initiate a federal prosecution. Dismissal of the state case in favor of federal prosecution is not res judicata. Moreover, the federal government isn’t a party in the state case. United … Continue reading

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CA7: Chicago police officer who warned search target of SW properly convicted of obstruction of justice

A Chicago police officer was properly convicted of obstruction of justice when he learned from his job that drug raids and arrests were going down and he called a target he worked with to warn him. United States v. Coleman, … Continue reading

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IN: Advice of Pirtle rights before search of safe under SW not required

Because officers did not ask defendant for the combination to his safe to search it under a warrant, he was not required to have the Indiana Pirtle advisement before they searched it. Brown v. State, 2019 Ind. App. LEXIS 14 … Continue reading

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Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle

Techdirt: County Pays $90,000 Settlement To Man After Seizing $80,000 Judgment From Him Using 24 Deputies And An Armored Vehicle by Tim Cushing: When all you have is a war hammer, everything looks like a war. That’s how Wisconsin law … Continue reading

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D.Neb.: Def motion for SW materials denied for time being; ongoing investigation

Where there is a First and Fourth Amendment and common law right to discovery of search warrant materials, Supplemental Rule G also provides for it for forfeiture. Here, however, the government shows in camera that disclosure now would jeopardize an … Continue reading

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W.D.Wash.: 4 month delay in producing evidence from iPod doesn’t warrant dismissal

The fact something was extracted from defendant’s iPod in April but not turned over to the defense until August isn’t a ground to dismiss. United States v. Taylor, 2018 U.S. Dist. LEXIS 206364 (W.D. Wash. Dec. 7, 2018). There was … Continue reading

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