Category Archives: Warrant execution

E.D.Mich.: Texas state SW was used to search cell phones, but FBI later searched by downloading contents w/o warrant so latter search suppressed; conspiracy to rob infers nexus

The Texas state court search warrant authorized a search for evidence on a cell phone of any crime, and that’s problematic. The affidavit, however, specifically referred to home invasion robberies, and that gave context. The search warrant was thus particular. … Continue reading

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N.D.W.Va.: Fact a cell phone is searched in a county other than where the SW issued isn’t a 4A issue

The affidavit for the state search warrant for defendant’s cell phone established that cell phones were used in the drug offenses, so that establishes probable cause to search them. The fact the phones were searched in a county other than … Continue reading

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NY: Grant of a SW is not appealable before execution

A court order approving a search warrant for Facebook records is not appealable under New York law. The court rejects that the SCA is more like a subpoena than a search warrant, and the rule has been long standing in … Continue reading

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W.D.Mo.: Email SW to Google was particular, and target has no 4A right to notice of the SW

“Courts have repeatedly upheld courts’ ability to issue warrants outside their respective district under the S[tored] C[communications] A[ct]. The computer system was in California with Google. The email warrant was for nearly everything for 13 months, and it wasn’t overbroad. … Continue reading

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WaPo: Marijuana raids are more deadly than the drug itself

WaPo: Marijuana raids are more deadly than the drug itself by Christopher Ingraham: Since 2010, At least 20 SWAT raids involving suspected marijuana dealers have turned deadly, according to data compiled by the New York Times.

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Kerr: Oregon AG’s Office argues to State SCT that ex ante search restrictions on computer warrants not ok.

Orin Kerr on Twitter: Oregon AG’s Office argues to State SCT that ex ante search restrictions on computer warrants not ok. State v Mansor https://orinkerrblog.files.wordpress.com/2017/03/2017_wl_944311.pdf …

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NYTimes: Door-Busting Drug Raids Leave a Trail of Blood

NYTimes: Door-Busting Drug Raids Leave a Trail of Blood by Kevin Sack: Using SWAT officers to storm into homes to execute search warrants has led time and again to avoidable deaths, gruesome injuries and costly legal settlements. (with video)

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techdirt: Court Tells Cops They Can’t Use GPS Data Gathered After Suspect They Were Tracking Sold The Vehicle

techdirt: Court Tells Cops They Can’t Use GPS Data Gathered After Suspect They Were Tracking Sold The Vehicle by Tim Cushing:

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EFF: Secret Court Orders Aren’t Blank Checks for General Electronic Searches

EFF: Secret Court Orders Aren’t Blank Checks for General Electronic Searches by Mark Rumhold:

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D.Colo.: GPS tracking a car after it had been sold by target was unreasonable

Defendant bought a car that had a GPS device placed by the police with a 60 day tracking warrant. He paid for it for his girlfriend, with whom he had a child, and he drove it at the time of … Continue reading

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