Category Archives: Warrant execution

AL: SW to “any law enforcement officer ” in the state can be directed to one from a different county than the place of the search

A search warrant to “any law enforcement officer ” in the state can be directed to one from a different county than the place of the search. When defendant admitted that he had child pornography on the computer at his … Continue reading

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N.D.Cal.: SW was issued before entry; even if not, emergency justified the entry

“On this record, Reynolds has not shown that the search of his room was illegal. The officers did not enter it until they had a valid warrant. For the sake of completeness, the Court also finds that entering Reynolds’s room … Continue reading

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D.Nev.: Six days to draft a cell phone SW was reasonable

The government was diligent in getting a warrant over six days, including a weekend, where the agents and the USAO spent most of three days drafting it. “Still, the Fourth Amendment obligated the United States to ‘diligently obtain[ ] a … Continue reading

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techdirt: On The Same Day The FBI Claimed No Vendor Could Crack IPhones, Another Way To Crack IPhones Made The News

techdirt: On The Same Day The FBI Claimed No Vendor Could Crack IPhones, Another Way To Crack IPhones Made The News by Tim Cushing:

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D.C.: Four day delay in getting SW for car and then searching it was unreasonable and interfered with def’s possessory interests

A four day delay between the seizure of defendant’s car and obtaining a search warrant for it unreasonably infringed on defendant’s possessory interest in the car. The exclusionary rule should be applied here because the delay was all the actions … Continue reading

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IL: Hospital drawing blood was not acting as an agent of the state

A hospital drawing blood was not acting as an agent of the state. People v. Deroo, 2020 IL App (3d) 170163, 2020 Ill. App. LEXIS 313 (May 20, 2020). Defendant’s motion to dismiss his indictment for seizure of a sheep … Continue reading

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NY2: Inclusion of some unauthorized persons in the list of those to execute the SW doesn’t void it

The search warrant here was directed to local police officers, the state police, and a special operations group of the sheriff’s office which included correctional officers which were not LEOs capable of executing warrants. Their inclusion didn’t void the warrant. … Continue reading

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LA1: Claim probation violation warrant lacked justification that led to search incident has to be argued on appeal

Defendant claimed his probation violation arrest warrant was defective and then argued the search incident to his arrest was thus invalid. On appeal, he doesn’t argue the validity of the arrest warrant, so the argument is waived. State v. Anglin, … Continue reading

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ME: No REP in paperwork kept in prison

Plaintiff had no reasonable expectation of privacy in his prison paperwork under Hudson v. Palmer or state law. If legal mail were involved, plaintiff would have to show actual injury [n.5]. Anctil v. Cassese, 2020 ME 59, 2020 Me. LEXIS … Continue reading

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CT: Dismissal not appropriate remedy here for violation of A-C privilege in execution of SW

Defendant did not show that all the documents seized were attorney-client privileged for purposes of litigation. Some were. However, dismissal is not the appropriate remedy, despite the fact privileged information made it into the media from the arrest warrant materials. … Continue reading

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D.Minn.: Defense counsel’s failure to inform def of potential 4A claims isn’t itself an IAC claim

“Williams’ assertion that counsel failed to inform him that state law enforcement officers are not authorized to make federal arrests provides no support for a claim of ineffective assistance of counsel.” Considering the merits of any search claim, defendant’s stop … Continue reading

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W.D.Wash.: A filter team is required for execution of an allegedly overbroad SW

A filter team isn’t required just because a Facebook account search warrant is alleged to be overbroad. United States v. Sam, 2020 U.S. Dist. LEXIS 79023 (W.D. Wash. May 5, 2020). Hearsay in a search warrant isn’t less believable solely … Continue reading

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N.D.Ohio: Private party, here the owner, can be enlisted to help in computer search

Both the Fourth Amendment and Ohio law permitted law enforcement to seek private assistance in executing a search warrant, here of a computer, and the search was conducted by the company that owned the computer. United States v. Powell, 2020 … Continue reading

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TX6: Even if def’s vehicle was over the property line and not on the property subject to SW, was the officer’s mistake reasonable?

Officers had a search warrant for vehicles on a particular piece of property. Defendant contended his vehicle wasn’t on the property. Even if the officer was wrong, was his belief unreasonable? “The Brinegar Court explained the requirement of reasonableness in … Continue reading

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D.Mont.: Search incident for violation of no-contact order unjustified

The USMJ’s order is affirmed. The motion to suppress the search warrant is denied because there was probable cause. The search incident for evidence of violation of a no-contact order was properly ordered suppressed. United States v. Watson, 2020 U.S. … Continue reading

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CA2: Barring cross-examination on execution of SW on cell phone wasn’t shown to be prejudicial

The district court didn’t err in sustaining the government’s objection to cross-examination about the execution of the search warrant on defendant’s cell phone because there was no showing that the warrant wasn’t improperly executed. United States v. Vargas, 2020 U.S. … Continue reading

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