Category Archives: Warrant execution

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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OH3: The 3 days that an Ohio SW has to be executed in is business days

Ohio’s rule that a search warrant be executed in three days doesn’t include weekends. State v. Seaburn, 2017-Ohio-7115, 2017 Ohio App. LEXIS 3241 (3d Dist. Aug. 7, 2017). Defendant’s jaywalking stop didn’t justify a patdown where defendant wasn’t even asked … Continue reading

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Trump team lawyer doesn’t understand search warrant process

Trump team lawyer doesn’t understand search warrant process, from Trump lawyer John Dowd: Robert Mueller’s team using tactics employed ‘in Russia not America’ by Anna Giaritelli in the Washington Examiner:

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N.D.Ala.: Taint team not required for this document and ESI search, and that part of process vacated

The USMJ’s requirement of a taint team to review the materials seized in execution of the search warrant is unnecessary in this case and not required by the Fourth Amendment, and it is set aside. United States v. Sealed Search … Continue reading

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NYLJ: Executing Search Warrants in the Digital Age: ‘United States v. Wey’

NYLJ: Executing Search Warrants in the Digital Age: ‘United States v. Wey’ by Robert J. Anello & Richard F. Albert:

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