Category Archives: Warrant execution

OH2: Using a car protective spray on interior expecting a search to occur is tampering with evidence

Spraying a car interior protective spray on the inside of a car involved in a crime when expecting that a search would occur for fingerprints and DNA supported defendant’s conviction for tampering with evidence. State v. Scott, 2017-Ohio-9316, 2017 Ohio … Continue reading

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D.Md.: A SW for cell phone data going to Verizon in FL was within the court’s jurisdiction

Where the crime under investigation is in this district, it doesn’t matter that the search warrant for geolocation data from defendant’s cell phone is located in another district. The government can still get it by search warrant under Rule 41(b) … Continue reading

Posted in Cell site location information, F.R.Crim.P. 41, Warrant execution | Comments Off

IL: After losing suppression motion, state asserted lack of standing in a motion to reconsider, and it’s too late

The state has the burden of alleging defendant didn’t have standing, and here it didn’t do so until a motion to reconsider claiming it was the trial court’s error of law. To succeed on a motion to reconsider, the state … Continue reading

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D.Ore.: Court denies stay of execution of computer SW because of lack of proof of irreparable harm

A USMJ issued a search warrant for defendant’s computer and hard drive that had not yet been searched. The USDJ declines to issue a stay to stop the ongoing search because the defense cannot show a likelihood of irreparable harm … Continue reading

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NY3: Failure to search cell phone within the time limits on the warrant after timely seizure required suppression

Defendant’s cell phone was seized under a search warrant but the search did not occur for two months. The cell phone search violated state law because the search did not occur within the ten days required by the rule and … Continue reading

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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

Posted in Probable cause, Warrant execution | Comments Off

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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