Category Archives: Warrant execution

OH3: Unsigned SW still entitled to GFE

Even though the search warrant wasn’t signed in violation of the state rule, the good faith exception applies because the issuing judge found probable cause and said he issued the warrant. State v. Harrison, 2020-Ohio-3920, 2020 Ohio App. LEXIS 2821 … Continue reading

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CA2: 31 day delay in getting SW for computer after seizure was unreasonable under 4A

“Following the district court’s hearing and ruling that the delay was not unreasonable, the appeal has been restored to this panel. We now rule that the police delayed unreasonably long in violation of the Fourth Amendment when they waited without … Continue reading

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NM: SW time limit to execute cell phone SW is from initial seizure, not the download

“[W]hen a warrant is issued to search an electronic device, that warrant is executed when the device is seized or the data is copied on-site, which must occur within Rule 5-211(C)’s ten-day time limit. Rule 5-211(C)’s ten-day time limit applies … Continue reading

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D.Idaho: Broad email warrants are not per se unreasonable

Broad email search warrants were not unreasonable just because they were broad. The breadth of the financial crime under investigation justifies it. In addition, the good faith exception applies and it’s too early to tell if any has to be … Continue reading

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D.C.Cir.: Applications for orders under SCA and ECPA presumptively public judicial records

Applications for orders under the Stored Communications Act and Electronic Communications Privacy Act of 1986 are judicial records subject to public view under the common law. Pen register records are presumptively sealed under Title III. In the Matter of the … Continue reading

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OH9: State argued RS but didn’t come forward with proof of it

The state argued there were factors supporting reasonable suspicion, but they didn’t come forward with it. Order granting motion to suppress affirmed. State v. Thomas, 2020-Ohio-3539, 2020 Ohio App. LEXIS 2453 (9th Dist. June 30, 2020). The search warrant was … Continue reading

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MA: No right to counsel at execution of SW

“The defendant has presented no case law supporting his proposition that the target of a search warrant has a right to have counsel present during the execution of a warrant. The officers executed a warrant to search the defendant’s cell … Continue reading

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IN: Search of def’s car when he shows up at home while SW being executed there was reasonable even though SW didn’t mention car

“Do law-enforcement officers violate either constitution by searching a person’s vehicle when the person drives that vehicle up to his or her house while officers are there executing a search warrant for the house that does not address vehicles? Based … Continue reading

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RI: Reasonable use of force to take inmate’s DNA under SW wasn’t grounds for suppression

The trial court erred in granting defendant’s motion to suppress the taking of his DNA by force under a search warrant when he refused to cooperate. He already had a reduced expectation of privacy in the jail, and the state’s … Continue reading

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NY4: Failure to complete inventory report of the search doesn’t void search

“Contrary to defendant’s contention, even assuming, arguendo, that the police officers failed to comply with the inventory provisions of CPL 690.50(5), we conclude that noncompliance with that subdivision ‘does not undermine the validity of the search warrant or the search’” … Continue reading

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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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