Category Archives: Warrant execution

NY4: Oral motion to suppress denied; has to be written

An oral motion to suppress fails. It was required to be in writing for the record. People v. Hinojoso-Soto, 2018 NY Slip Op 03264, 2018 N.Y. App. Div. LEXIS 3195 (4th Dept. May 4, 2018). Driving a car at a … Continue reading

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CA5: Search of wrong house by inadequate investigation means no QI

It was clearly established that search of the wrong house because of inadequate investigation violated the Fourth Amendment. Gerhart v. Barnes, 2018 U.S. App. LEXIS 10626 (5th Cir. Apr. 26, 2018), prior opinion Gerhart v. McLendon, 2017 U.S. App. LEXIS … Continue reading

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S.D.Fla.: SW can issue after def charged with crime and for the same crime

The fact defendant has already been charged with a crime does not prevent a search warrant issuing for DNA to link him further to it. Humbert v. United States, 2018 U.S. Dist. LEXIS 68779 (S.D. Fla. Apr. 24, 2018). Sale … Continue reading

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N.D.Tex.: Neither 4A or Rule 41 requires SW be served on def before its execution

“Neither the Fourth Amendment nor Rule 41 requires the executing officer to serve a search warrant on the owner before beginning the search. United States v. Grubbs, 547 U.S. 90, 98-99 (2006). Counsel was not ineffective for failing to file … Continue reading

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Lawfare: Prosecuting Attorneys Alongside Clients: Some Recent Examples

Lawfare: Prosecuting Attorneys Alongside Clients: Some Recent Examples By Harry Larson & Sabrina McCubbin

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CA7: No 4A right to see SW before search; therefore, accidentally showing wrong warrant doesn’t violate 4A either

The Fourth Amendment does not require the search warrant be presented to the person whose premises were to be searched before it occurred. Thus, accidently presenting the wrong search warrant at the time of the search doesn’t constitutionally matter. Also, … Continue reading

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CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO

Search incident did not justify seizure of defendant’s cell phone when he was arrested because he’d been separated from the cell phone. The government’s claim that officers seizing the cell phone were proceeding under “direction of” defendant’s PO is rejected … Continue reading

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AK: SW clause to “search any persons” here didn’t enable search of every person who came to the premises during the search

Defendant came to a Fairbanks house when a search warrant was being executed, and he was searched, too, under the auspices of the “search any persons” present reference in the warrant. Defendant’s search was unreasonable under the circumstances. Innocent persons … Continue reading

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CA6: No knock entry at 4 am stated claim for unreasonable execution of SW

Plaintiffs adequately allege a claim for unreasonable execution of a search warrant. The officers executed a search warrant at 4 am without knocking or announcing, and shot the lock off the door. Greer v. City of Highland Park, 2018 U.S. … Continue reading

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S.D.Ohio declines to wait for Microsoft to be decided and issues SW for gmail in another country

The government has applied for a Google search warrant stored overseas. Rather than wait for United States v. Microsoft to be decided, the court reviewed all the briefing in that case and decides that the search warrant will issue. In … Continue reading

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OH8: Affidavit for SW showed PC for weapons only; search for drugs exceeded SW’s limits

The affidavit only showed probable cause to search for weapons, not drugs, and there was no probable cause for drugs in the affidavit. As to drugs, the search warrant is suppressed. Defendant also raised the argument that the officer sought … Continue reading

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CA5: “The mistaken execution of a valid search warrant on the wrong premises does not automatically violate the Fourth Amendment”; officer gets qualified immunity

“The mistaken execution of a valid search warrant on the wrong premises does not automatically violate the Fourth Amendment.” The officers get qualified immunity for getting out when they discovered it. Thomas v. Williams, 2018 U.S. App. LEXIS 2478 (5th … Continue reading

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