Category Archives: Warrant execution

S.D.N.Y. follows majority and holds that a cell phone search starts with “seizure of the media”

The government had possession of defendant’s cell phone and technically started the search within the time limits of Rule 41(e)(2)(B) by “seizure of the media.” The extraction report followed up months later. United States v. Estime, 2020 U.S. Dist. LEXIS … Continue reading

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M.D.Pa.: Photographs of interior of house taken before SW issued are suppressed

Photographs of the interior of defendant’s house taken before the search warrant issued are suppressed. They did not have any effect on the issuance of the warrant, however. United States v. Carey, 2020 U.S. Dist. LEXIS 190963 (M.D. Pa. Oct. … Continue reading

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D.Utah: Ex ante motion to suppress before SW executed denied without prejudice; must follow search

Movant has notice of a search warrant not yet executed. Her ex ante motion to quash the search warrant is denied without prejudice. Under Rule 41(h), the motion should be filed after the search occurs. United States v. Richards, 2020 … Continue reading

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CA9: Using ruse to get def home to search his car under a SW was unreasonable

Officers had a warrant for defendant’s house and any cars parked there, but defendant wasn’t home. Using a ruse of a burglary having happened, they lured him home so they could search the car. The search of the car was … Continue reading

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The Intercept: Texas Deployed Swat, Bomb Robot, Small Army of Cops to Arrest A Woman and Her Dog

The Intercept: Texas Deployed Swat, Bomb Robot, Small Army of Cops to Arrest A Woman and Her Dog by Seth Harp (“She had done nothing wrong. State troopers started following her because of ‘anti law enforcement rhetoric’ on her car … Continue reading

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D.Kan.: USMJ there properly issued SW for Dropbox account in California

Jurisdiction for search warrants in federal court is over the offense. Thus, a USMJ could sign a search warrant for a Dropbox account in California under the SCA. United States v. Hopkins, 2020 U.S. Dist. LEXIS 173418 (D. Kan. Sept. … Continue reading

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D.Me.: Admittedly valid state SW for drug evidence on phone led to finding CP and a valid federal SW

Officers got a state search warrant for defendant’s cell phone for drugs and stumbled upon child pornography otherwise linked to him by his tattoos and voice. He admits the warrant was valid for drugs. A later federal search warrant was … Continue reading

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IL: Simple question during SW execution about whether def had been subjected to a SW before wasn’t interrogation where he volunteered where a gun was

A question to defendant during execution of a search warrant whether he’d been the target of a search warrant before led to an incriminating and unsolicited response about a gun that would not be suppressed. He wasn’t being interrogated. Therefore, … Continue reading

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CBS4 Miami: New England Patriots Owner Robert Kraft Wants Massage Parlor Videos Destroyed

CBS4 Miami: New England Patriots Owner Robert Kraft Wants Massage Parlor Videos Destroyed (“New England Patriots owner Robert Kraft says he wants a judge to destroy the controversial spa recordings that landed him with prostitution charges. Kraft’s legal team called … Continue reading

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CA11: Officers executing a SW at a house can approach an occupied car parked out front

“The district court did not err by denying Turner’s motion to suppress. Delgado was entitled, ‘without any level of suspicion,’ to approach a car in a dangerous locale with an unknown number of occupants parked near a residence where he … Continue reading

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AL: IAC claim not stated for not challenging failure to deliver copy of SW to def

Defendant didn’t adequately plead an ineffective assistance of counsel claim for defense counsel not arguing that defendant wasn’t given a copy of the search warrant at the time of the search so he could challenge the search. Smith v. State, … Continue reading

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OH2: Giving false name and DOB after SW executed supports obstruction charge

Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. … Continue reading

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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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