Category Archives: Warrant execution

AR: Prosecutor also didn’t know for a year that an HBO documentary crew was present at search; no discovery violation on SW materials

About a year after the execution of the search warrant, the parties learned that an HBO documentary crew recording Meth Storm was along for the search. Citing Layne v. Wilson and Brady, the defense sought access to the video and … Continue reading

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NY1: Execution of SW on cell phone in police custody in 30 days not unreasonable

Defendant’s cell phones were already in the possession of the police, and the search warrant was deemed by its own language as executed on issuance. The actual search, however, took 30 days, and that wasn’t unreasonable. People v. Ruffin, 2019 … Continue reading

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WA: Arrestee’s right to advice of right to counsel doesn’t require stopping execution of SW to tell him

While an arrestee is entitled to a prompt notice of his right to counsel, police do not have to interrupt execution of a search warrant to do it. State v. Ackerman, 2019 Wash. App. LEXIS 3023 (Dec. 2, 2019). Officers … Continue reading

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S.D.Ohio: Among eight 4A issues, none prevails; failure to provide inventory at the time of search is ministerial and requires a showing of prejudice

Defendant raised almost every conceivable Fourth Amendment and Rule 41 issue he could, and the district court rejects them all: (1) “The information in the affidavit is insufficient to support a finding of probable cause as to the crimes listed … Continue reading

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PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

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IL: Once def was acquitted, seized computer data should have been returned, not searched again without a warrant

Defendant was a Peoria police officer being accused of sexual assault, and the Illinois State Police obtained a search warrant for his computer and other devices. The hard drives were copied with EnCase software. Defendant was tried on the sexual … Continue reading

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M.D.Ala.: No 4A right via Rule 41 to have copy of SW at scene; no exclusion for failure to timely leave it

Rule 41 requires that a copy of the search warrant be left at the premises, but it grants no constitutional right to the target of the search to supervise the search. Moreover, failure to leave a copy of the warrant … Continue reading

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CA4: “Filter Team” of govt agents and AUSAs violated separation of powers and A-C privilege

The USMJ’s ex parte creation of a “Filter Team” of federal agents and prosecutors to review the seizure of records from a law firm under a search warrant violates separation of powers and doesn’t adequately protect attorney-client privilege and work … Continue reading

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VA: Def’s refusal to submit to a SW for DNA could be argued as consciousness of guilt at trial

Defendant’s conscious refusal to submit to a DNA buccal swab sought by a search warrant could be argued as consciousness of guilt. Haas v. Commonwealth, 2019 Va. App. LEXIS 237 (Oct. 29. 2019). The officer’s knowledge from nearly six months … Continue reading

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techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully

techdirt: Cops: People In Their Own Homes Are In The Wrong Place At The Wrong Time Whenever A Cop Enters Unlawfully by Tim Cushing:

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NY2: Where SW was issued to a small town PD, using officers from other agencies to assist in raid doesn’t violate 4A

The small town police department that obtained the search warrant did not have its own entry team for safety. Using officers from other county and state agencies to assist didn’t violate the warrant. People v. Ward, 2019 NY Slip Op … Continue reading

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N.D.Iowa: SW said “immediate search” but officers waited two days; not a 4A violation

The search warrant said that is should be executed “immediately,” but officers waited two days to coordinate with the multiple agencies involved. Rule 41(e) says “execute the warrant within a specified time no longer than 14 days.” At worse, this … Continue reading

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