Category Archives: Warrant execution

CA4: After seizure of cell phone, actual search under SW doesn’t have to happen by the date on the SW to be reasonable

The seizure then search of defendant’s cell phone under a search warrant was reasonable because the search followed the terms of the warrant. Actually analysis of the data doesn’t have to happen within the time on the face of the … Continue reading

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W.D.N.C.: The time limit for execution of a SW doesn’t apply to the off-site search of a computer seized

The time limit for the search to occur in the warrant is for the place to be searched. When computers are seized under the warrant to be searched elsewhere, they are not subject to that time limit. United States v. … Continue reading

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

D.Ore.: Gov’t's mishandling of overseizure in Facebook SW didn’t prejudice defs so no suppression

The Facebook warrant was not overbroad, and it was consistent and less intrusive than a Facebook warrant previously approved by the Ninth Circuit in Flores. That which was nonresponsive to the warrant was previously ordered segregated and sealed, and the … Continue reading

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CA7: Controlled heroin buy led to drug warrant led to CP warrant

A drug raid on a convicted sex offender’s place found him with a half-naked 16 year old under the bed. She lied about her name and age, so the officers used their search warrant authorizing a search of cell phones … Continue reading

Posted in Cell phones, Warrant execution | Comments Off

TN: SW for blood in one county can’t be executed in another

A search warrant for defendant’s blood was issued in Lewis County, but defendant was moved to Perry County for the blood draw. The search warrant had no effect in Perry County. State v. Nunnery, 2017 Tenn. Crim. App. LEXIS 622 … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off

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 § 1983 / Bivens, Excessive force, Warrant execution | 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

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