Category Archives: Warrant execution

CA11: 33 day delay in getting SW for computer seized in CP investigation not 4A unreasonable

The government’s 33 day delay in getting a search warrant for defendant’s seized computer in a child porn case was found, although not ideal, not unreasonable under the Fourth Amendment. Thomas v. United States, 2019 U.S. App. LEXIS 14645 (11th … Continue reading

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W.D.Mo.: Primary object of SW found right inside front door, but that didn’t preclude larger search

The search warrant was for a package found right inside the front door. That did not preclude the officers from searching further in the house. Also, a protective sweep incident to execution of the search warrant was proper. Searching inside … Continue reading

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TX: Dallas Morning News article that target of SW was “under investigation” was substantially true for libel purposes

The News published a story that Rxpress was under investigation for health care fraud because a search warrant was issued for its records. Actually, Halsey was under investigation, and the search warrant sought the company’s communications with him. The article … Continue reading

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M.D.Pa.: Typo in SW address overlooked under GFE

Typographical error in the search warrant (648 South 21st Street rather than 748 South 21st Street) would be overlooked under the good faith exception where the correct property was searched. United States v. Carey, 2019 U.S. Dist. LEXIS 74140 (M.D. … Continue reading

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NY4: Def’s statements during execution of SW where he wasn’t arrested weren’t custodial

“We reject defendant’s contention that County Court erred in refusing to suppress statements that he made to the police during the execution of a search warrant at his residence and thereafter at the police station. Defendant contends that he was … Continue reading

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C.D.Ill.: Def counsel had no duty to raise lack of an AW because it’s a frivolous argument

Defense counsel had no duty to raise lack of an arrest warrant for defendant’s arrest because it was frivolous and wouldn’t affect the outcome of the case at all. Brown v. United States, 2019 U.S. Dist. LEXIS 69027 (C.D. Ill. … Continue reading

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CA9: SW was ambiguous as to the mobile home to be searched; no PC shown as to one searched; suppressed

The search warrant authorized search of a gray mobile home. There were two on the property, and the one searched was white. The search warrant was thus ambiguous when the officers arrived, and the court finds the search unjustified because … Continue reading

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N.D.Ill.: Speedy trial does not start with the execution of a search warrant

Speedy trial does not start with the execution of a search warrant, even though the execution of the warrant was embarrassing to him. United States v. Mitrovich, 2019 U.S. Dist. LEXIS 68460 (N.D. Ill. Apr. 23, 2019):

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PBS: Police are now taking roadside blood samples to catch impaired drivers

PBS: Police are now taking roadside blood samples to catch impaired drivers by Jenni Bergal:

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D.Mass.: Failure to leave a full copy of the SW at scene does not require suppression

“Jones alleges that he entered a guilty plea unknowingly because [defense counsel] Cloherty incorrectly informed him that, after testifying at the suppression hearing that he lived part-time at the apartment where the officers executed the search, he could not testify … Continue reading

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M.D.Pa.: Officers found the premises had two apartments and they searched the right one

When officers executed the search warrant they discovered there were multiple residences in the building. In defendant’s part of the building, they saw his mail and were confident that they were searching the right place. “Given these facts, the Court … Continue reading

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N.D.Miss.: There’s no right to counsel during execution of a SW where defendant isn’t arrested and being questioned

“Mr. Pillault also argues that he received ineffective assistance of counsel because he had no counsel present when his home was searched. This claim is simply frivolous.” Pillault v. United States, 2019 U.S. Dist. LEXIS 58295 (N.D. Miss. Apr. 4, … Continue reading

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