Category Archives: Warrant execution

CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading

Posted in Excessive force, Warrant execution, § 1983 / Bivens | Comments Off

KS implied consent statute unconstitutional under Birchfield

The Kansas implied consent statute, K.S.A. 2016 Supp. 8-1025(a), is facially unconstitutional under Birchfield. State v. Ryce, 2017 Kan. LEXIS 327 (June 30, 2017). Under the Tennessee child exploitation statute, “process” that must be executed by the prosecutor means arrest … Continue reading

Posted in Drug or alcohol testing, Warrant execution | Comments Off

W.D.Ky.: SW for premises permits search of any vehicle parked on the property

The search warrant for the house in this case permitted a search of any vehicles on the premises, not just those belonging to the owner of the residence. In any event, the good faith exception applies. United States v. Keeling, … Continue reading

Posted in Scope of search, Warrant execution | Comments Off

OK: Def counsel not constitutionally required to be notified of DNA SW after prosecution began

A search warrant was obtained for defendant’s DNA after he was represented. The affidavit showed probable cause, and there was no requirement to advise defense counsel of the search warrant before execution. Frederick v. State, 2017 OK CR 12, 2017 … Continue reading

Posted in DNA, Standards of review, Warrant execution | Comments Off

E.D.Mich.: Texas state SW was used to search cell phones, but FBI later searched by downloading contents w/o warrant so latter search suppressed; conspiracy to rob infers nexus

The Texas state court search warrant authorized a search for evidence on a cell phone of any crime, and that’s problematic. The affidavit, however, specifically referred to home invasion robberies, and that gave context. The search warrant was thus particular. … Continue reading

Posted in Nexus, Warrant execution | Comments Off

N.D.W.Va.: Fact a cell phone is searched in a county other than where the SW issued isn’t a 4A issue

The affidavit for the state search warrant for defendant’s cell phone established that cell phones were used in the drug offenses, so that establishes probable cause to search them. The fact the phones were searched in a county other than … Continue reading

Posted in Warrant execution | Comments Off

NY: Grant of a SW is not appealable before execution

A court order approving a search warrant for Facebook records is not appealable under New York law. The court rejects that the SCA is more like a subpoena than a search warrant, and the rule has been long standing in … Continue reading

Posted in Subpoenas / Nat'l Security Letters, Warrant execution | Comments Off

W.D.Mo.: Email SW to Google was particular, and target has no 4A right to notice of the SW

“Courts have repeatedly upheld courts’ ability to issue warrants outside their respective district under the S[tored] C[communications] A[ct]. The computer system was in California with Google. The email warrant was for nearly everything for 13 months, and it wasn’t overbroad. … Continue reading

Posted in Computer searches, Particularity, Warrant execution | Comments Off

WaPo: Marijuana raids are more deadly than the drug itself

WaPo: Marijuana raids are more deadly than the drug itself by Christopher Ingraham: Since 2010, At least 20 SWAT raids involving suspected marijuana dealers have turned deadly, according to data compiled by the New York Times.

Posted in Warrant execution | Comments Off

Kerr: Oregon AG’s Office argues to State SCT that ex ante search restrictions on computer warrants not ok.

Orin Kerr on Twitter: Oregon AG’s Office argues to State SCT that ex ante search restrictions on computer warrants not ok. State v Mansor https://orinkerrblog.files.wordpress.com/2017/03/2017_wl_944311.pdf …

Posted in Computer searches, Warrant execution | Comments Off