Category Archives: Warrant execution

N.D.Cal.: Cell-site simulator requires SW; state law doesn’t permit federal officers to execute state SW

(1) The government’s disclaiming a critical fact in the affidavit for search warrant undermines the probable cause vitiating the warrant. (2) “Use of a cell-site simulator requires a warrant. See United States v. Ellis, 270 F. Supp. 3d 1134, 1141-46 … Continue reading

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N.D.Fla.: Email SW didn’t required search protocol be stated in SW

“The officers followed a reasonable protocol in conducting the search. The protocol was not in the warrant, but this did not render the warrant defective. See United States v. Khanani, 502 F.3d 1281, 1290 (11th Cir. 2007). And in any … Continue reading

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DE: A visitor’s car parked outside a house being raided wasn’t enough to search it; here, however, the keys were found next to heroin inside, and that was enough

Defendant’s vehicle was parked outside of a house where a search was going down. Merely being outside isn’t cause to search the car. Finding the keys next to heroin inside was because that provided nexus to the drugs in the … Continue reading

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D.Utah: Def told his friend that police failed to seize something they were looking for in the search of his house, and that justified an obstruction enhancement under USSG 3C1.1

“The Presentence Reported noted that, after his arrest, Petitioner called an individual who was living at his home. Petitioner instructed this person to get rid of additional evidence that police had not found during the execution of the search warrant. … Continue reading

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S.D.N.Y.: Cell phone search protocol can’t be described in SW in advance

It is difficult for law enforcement officers to describe in the search warrant a protocol for searching electronic data from a cell phone, whether it be a mechanical search or an electronic search. In fact, Cellebrite didn’t work on one … Continue reading

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CA9: Unreasonable detention of those present when SW executed not shown

“The district court also did not err in granting summary judgment in favor of the individual defendants on Strong and Byers’ claims that the detention violated their Fourth Amendment rights. Officers may detain all persons present when a warrant is … Continue reading

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Sputnik News: US Sheriff Wildly Exaggerates Drug Bust for Social Media Fame (VIDEO) [raid turns up nothing]

Sputnik News: US Sheriff Wildly Exaggerates Drug Bust for Social Media Fame (VIDEO) Drug raid at a “narcotics” house with MRAP vehicle and SWAT team turns up nothing; gets viewed 3.4m times. Police raids consistently show up on social media … Continue reading

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NY4: Oral motion to suppress denied; has to be written

An oral motion to suppress fails. It was required to be in writing for the record. People v. Hinojoso-Soto, 2018 NY Slip Op 03264, 2018 N.Y. App. Div. LEXIS 3195 (4th Dept. May 4, 2018). Driving a car at a … Continue reading

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CA5: Search of wrong house by inadequate investigation means no QI

It was clearly established that search of the wrong house because of inadequate investigation violated the Fourth Amendment. Gerhart v. Barnes, 2018 U.S. App. LEXIS 10626 (5th Cir. Apr. 26, 2018), prior opinion Gerhart v. McLendon, 2017 U.S. App. LEXIS … Continue reading

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S.D.Fla.: SW can issue after def charged with crime and for the same crime

The fact defendant has already been charged with a crime does not prevent a search warrant issuing for DNA to link him further to it. Humbert v. United States, 2018 U.S. Dist. LEXIS 68779 (S.D. Fla. Apr. 24, 2018). Sale … Continue reading

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N.D.Tex.: Neither 4A or Rule 41 requires SW be served on def before its execution

“Neither the Fourth Amendment nor Rule 41 requires the executing officer to serve a search warrant on the owner before beginning the search. United States v. Grubbs, 547 U.S. 90, 98-99 (2006). Counsel was not ineffective for failing to file … Continue reading

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Lawfare: Prosecuting Attorneys Alongside Clients: Some Recent Examples

Lawfare: Prosecuting Attorneys Alongside Clients: Some Recent Examples By Harry Larson & Sabrina McCubbin

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