Category Archives: Warrant execution

D.Ariz.: Def’s motion to unseal SW affidavit denied because of ongoing investigation

Defendant’s motion to unseal the affidavit for the search warrant is denied because of an ongoing investigation it would reveal and because he can’t show a lack of probable cause for the search. United States v. Calleta, 2021 U.S. Dist. … Continue reading

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OH2: SW for BAC executed in 5 hrs was “as soon as possible”

The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that’s … Continue reading

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N.-M.: Cell phone can’t be searched when it was directed to be brought to the place of SW execution

Having one’s cell phone on his person and being directed to come to the scene of the search under a military search authorization [equivalent to a search warrant] does not permit search and seizure of the phone under Summers and … Continue reading

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TX5: Lack of a timely return doesn’t warrant suppression despite mandatory language of statute

A lack of return isn’t a basis for suppression. “Although the requirements set forth in this provision of the code of criminal procedure appears to be mandatory, courts have consistently held that ministerial violations of the search warrant statutes do … Continue reading

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E.D.Wis.: Video of aftermath of execution of SW more prejudicial than relevant under Rule 403

In a civil case over a shooting of dogs during execution of a search warrant, the court rejects that the warrant was unreasonable but finds the bodycam of shooting the dogs and the aftermath irrelevant and inflammatory under Rule 403. … Continue reading

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CA9: DV victim, def’s wife, consented to search for firearms

Defendant’s wife called the police as a domestic violence victim, and she was found to have consented to a search of their garage and gun safe. She was emotional, considering what she’d been through, but consent wasn’t involuntary. She was … Continue reading

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CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

Presenting defendant with a search warrant for DNA swabs during an interrogation after he lawyered up was a statement of fact and not an attempt to get him to talk again. Thus, Miranda not violated. United States v. Zephier, 2021 … Continue reading

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S.D.N.Y.: Brady violation included govt’s review of “raw state search warrant returns” disclosed during trial

The government disclosed an exculpatory document during trial and buried in a disclosure of previously disclosed information. “Astonishingly, even in its latest filings, the Government has informed the Court of yet another failure of disclosure in this case related to … Continue reading

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CA1: Controlled buys were RS for a later stop

“Based on the previous controlled drug sales in which agents had seen Ochan participate — including the sale that day — agents had specific knowledge that Ochan sold drugs. From there, the sequence of events on the day of Tom’s … Continue reading

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SD: Inverse condemnation doesn’t lie for damage caused by execution of SW

Surveying cases from other jurisdictions, the South Dakota Supreme Court decides that inverse condemnation claims do not lie under the state’s eminent domain provision ( “[p]rivate property shall not be taken for public use, or damaged, without just compensation[.]”) for damage to … Continue reading

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IN: Cell phone seized under SW could be searched later than the deadline in the warrant

The state had the forfeiture claimant’s cell phone in hand, but didn’t actually search it within the limit of the warrant. This was reasonable, following Wolf v. State, 266 P.3d 1169, 1174 (Idaho Ct. App. 2011). Brown v. Eaton, 2021 … Continue reading

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AL: A visitor to premises targeted by a SW who is more than a “transient visitor” is subject to search

Defendant was a visitor at a house that was searched under a warrant for drugs. Her purse was searched, too. “Because Powers was more than a ‘transient visitor’ at Moyers’s house and had a known relationship to the premises, and … Continue reading

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WaPo: Slaying of FBI agents in Florida raises questions about tactics, intelligence

WaPo: Slaying of FBI agents in Florida raises questions about tactics, intelligence by Matt Zapotosky and Tom Jackman (“The shooter may have seen the agents through a doorbell camera before opening fire, officials said.”). Ring doorbell cameras are apparent. Others … Continue reading

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M.D.N.C.: SW materials remain under seal

The government showed sufficient grounds to have the search warrant application remain under seal to protect the integrity of the investigation. United States ex rel. Childress v. Carolina Comprehensive Health Network, 2021 U.S. Dist. LEXIS 18389 (M.D. N.C. Feb. 1, … Continue reading

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GA: Paperwork during stop was returned and stop should have ended, but it didn’t

The stop was unreasonably extended for a dog sniff. The paperwork had been returned and they were told they were free to go. “Thus, the officers prolonged the traffic stop after the mission of the stop was completed in order … Continue reading

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WA: Raiding wrong house stated claim under state tort of negligent law enforcement

Police raided the wrong house based on an uncorroborated CI. Under Washington’s tort of negligent law enforcement, plaintiff was awared $250,000 by the jury. Affirmed: “we hold that police executing a search warrant owe the same duty of reasonable care … Continue reading

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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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