Category Archives: Warrant execution

CA6: Seizure of cell phone under SW had to be within time prescribed but the actual off-site search can be later

The seizure of the cell phone was within the time prescribed in the search warrant, but the actual search of the phone didn’t occur until after the time prescribed. This did not violate the Fourth Amendment. Off-site analysis was expected … Continue reading

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WaPo: Opinion: Little Rock’s dangerous and illegal drug war

WaPo: Opinion: Little Rock’s dangerous and illegal drug war by Radley Balko (with security video of the raid) (and this is a product of Hudson v. Michigan, which we can thank SCOTUS for):

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WaPo: Pr. George’s police thought they were bursting into home of a drug dealer. They were at an innocent man’s door instead.

WaPo: Pr. George’s police thought they were bursting into home of a drug dealer. They were at an innocent man’s door instead. by Lynh Bui and Clarence Williams:

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D.S.D.: Reasonable to stop car driving off rural property as police arrive to execute a SW

Officers arrived with a search warrant for a house on rural property, and a vehicle was leaving. It was reasonable to stop the vehicle to determine whether it or an occupant belonged at the house and was covered by the … Continue reading

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N.D.Ohio: People found in the backyard when SW executed subject to frisk

It was reasonable to patdown men found in the backyard of a house searched under a warrant. Ybarra distinguished. There was virtually reasonable suspicion as to anybody associated with the property. United States v. Cargill, 2018 U.S. Dist. LEXIS 152038 … Continue reading

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W.D.Mich.: Def standing next door wasn’t on his property when the SW was executed at his house and could not be detained

A search warrant was issued for defendant’s house for two buys from it: one an hour earlier, and another a week earlier. The warrant authorized detention and search of persons found there. When 19 officers showed up to serve the … Continue reading

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KY: SW not invalid because the color of door was wrong; finding gun during search for drugs not unreasonable

“Appellant specifically argues that the warrant was defective because it incorrectly described the front door to his residence as black when, in fact, the door was brown. Appellant’s first name was also misspelled in the warrant. However, neither of these … Continue reading

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CA7: Searching wrong apt on ambiguous SW (apt 1 where there were 1A & 1B) gets qualified immunity here

When the officer arrived at plaintiff’s address with a search warrant for apartment 1, he instead found apartments 1A and 1B. The officers attempted to clear up the ambiguity before the search, and they searched 1A finding nothing, and the … Continue reading

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CA5: Microsoft’s checking photos uploaded to cloud for CP is a private search

Defendant uploaded child pornography to Microsoft’s Skydrive. Microsoft runs all pictures’ hash values against known child pornography. Finding some, it reported it to law enforcement. This was purely a private search. United States v. Reddick, 2018 U.S. App. LEXIS 23012 … Continue reading

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CA6: SW’s flexibility as to when it could be executed didn’t make it an anticipatory warrant with a triggering condition

The search warrant reasonably provided flexibility as to when it would be executed, but it was not an anticipatory warrant at all. United States v. Huntley, 2018 U.S. App. LEXIS 20956 (6th Cir. July 30, 2018):

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TN: Failure to leave copy of SW mere technical error

Defendant had her blood drawn by search warrant, and the officer failed to leave a copy of the warrant with her. The trial court granted her motion to suppress, and the court of criminal appeals affirmed. Reversed: The mere nonprejudicial … Continue reading

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W.D.Mo.: Cell phone seized during child porn raid was initially seized and searched, and then seven months later searched again; no exclusion

The defendant’s cell phone was seized during a child pornography raid. The phone was attempted to be searched reasonably promptly, and it was confirmed there was child pornography on it. The search was not completed, however, because of problems with … Continue reading

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