Category Archives: Warrant execution

MN: Search of guest’s purse under SW was reasonable on totality because it wasn’t on her when police entered and it could have been associated with premises

Search of a guest’s purse during execution of a search warrant was reasonable here under the totality of the circumstances. The target of the search was a woman, and a purse is commonly associated with women. When it was found, … Continue reading

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OH10: Def who drove away from home before SW was executed could not be searched away from the house

Defendant left his house before the search warrant arrived. Under Bailey, he could not be stopped and searched away from the house. State v. Muldrow, 2017-Ohio-8839, 2017 Ohio App. LEXIS 5272 (10th Dist. Dec. 5, 2017). There was reasonable suspicion … Continue reading

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N.D.Ga.: 16 day delay in search of cell phone under SW not unreasonable

After a lawful seizure of a cell phone and issuance of a search warrant to search it, a 16 day delay in actually searching the phone did not make it unreasonable. United States v. Brantley, 2017 U.S. Dist. LEXIS 198432 … Continue reading

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New American: Did Mueller’s Search of Manafort’s Home Violate the Fourth Amendment?

New American: Did Mueller’s Search of Manafort’s Home Violate the Fourth Amendment? by C. Mitchell Shaw:

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Manafort’s no-knock warrant and Facebook’s search warrants in Russia investigation

The New York Times reports tonight that search warrants were used for the first time in a Special Counsel’s investigation: Not in Watergate, not in Iran-Contra, not in Whitewater, not in the Valerie Plame investigations. With a Picked Lock and … Continue reading

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M.D.Pa.: Search under SW not void for failure to leave affidavit in support at scene

There was probable cause for issuance of a search warrant for defendant’s computer for child pornography, which defendant doesn’t contest, except for quibbling over a word in the affidavit about how the officer came upon defendant’s laptop because, even if … Continue reading

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DE: Def doesn’t have to be named as a suspect for a SW to be valid because it’s a search for things which could be evidence

“It is Defendant’s burden to prove the warrant is unsupported by probable cause. Defendant has not met this burden. The search warrant was issued solely for the vehicle. Whether Defendant was a suspect at the time of the application for … Continue reading

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CA5: There is a common law right of access in SW materials by the target of the search

A search target has a common law right of access to the search warrant materials, but the case is remanded to the district court for more factual findings of why the target can’t get access. [The target did not raise … Continue reading

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CA11: Order to Apple to unlock iPad was reasonable under All Writs Act and New York Telephone

The district court’s order to Apple to unlock defendant’s iPad was reasonable and appropriate under the All Writs Act and United States v. New York Telephone Co. Also, seizing an entire Facebook account wasn’t “open and shut” a general warrant, … Continue reading

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N.D.Ga.: The SW doesn’t have to be in hand at the place of search as long as it is complied with

In a pill mill case against two doctors, the search warrant incorporated a list of what they were looking for by saying “See Exhibit B.” The use of the word “see” incorporated Exhibit B. Moreover, Exhibit B didn’t need to … Continue reading

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