Category Archives: Warrant execution

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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FL4: SW papers are public records, and due process requires def to see them

Search warrant papers are discoverable to the defense and the unredacted parts are public records that must be disclosed. “The state asks us to prevent the disclosure of information that it had redacted from search warrants and warrant applications related … Continue reading

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TX4: Visitor’s property searched during SW for premises is governed by possession test: was the person in actual possession at the time?

Texas follows the possession test for searches of personal belongings of visitors found during a search of premises. Thus, defendant’s purse was not in her actual personal possession at the time of the entry and searches, so it was not … Continue reading

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CA8: Randolph co-tenant consent doesn’t limit domestic abuse investigations

Defendant’s co-tenant consented to a police entry for a domestic abuse investigation, and then defendant later objected. Randolph does not limit the ability of the police to protect domestic abuse victims. Once inside, a protective sweep was permissible, too. Police … Continue reading

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Cal.2: SWs must be executed reasonably, and facts determine who has the burden of proof

A search warrant must be executed reasonably, and it depends on which side has knowledge of what for the burden of proof. Here, the issue involves a blood draw at a hospital, and defendant has access to that information, and … Continue reading

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D.Mass.: Two month delay in getting SW for def’s storage unit wasn’t with bad faith and didn’t prejudice him

There was a two month delay between the seizure of defendant’s storage unit and the search warrant for it. There was no bad faith here. At worse, getting a search warrant fell through the cracks. The officers had probable cause … Continue reading

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WI: GPS warrant is not subject to execution in 5 days requirement because it is for information not something physical

Because placement of a GPS device gathers information and not something physical or digital or a document, it is not subject to the execution in five days requirement of state law. State v. Pinder, 2018 WI 106, 2018 Wisc. LEXIS … Continue reading

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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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