Category Archives: Warrant execution

W.D.N.C.: Delay of search to protect def’s property rights isn’t a constitutional violation

The officers were solicitous of defendant’s property rights and, because his car battery was dead, they waited to get it open rather than pry open the trunk, which they could have done. Their respecting his property rights isn’t hardly a … Continue reading

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NE: Driver could consent to search of car when owner was passenger

Defendant was a passenger in his own car, and it was stopped by the police. The driver gave consent, and it was binding on the owner passenger. State v. Hill, 298 Neb. 675, 2018 Neb. LEXIS (Jan. 19, 2018). When … Continue reading

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IA: Mere visitor’s purse couldn’t be searched on execution of SW without an independent connection to premises

When a mere visitor is encountered during execution of a search warrant on the premises, her purse cannot be searched without independent cause linking her to the premises other than mere presence. State v. Brown, 2018 Iowa Sup. LEXIS 1 … Continue reading

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E.D.Cal.: Def’s actions and words during execution of warrant admissible to show consciousness of guilt

Defendant’s actions (his “encounter”), whatever it is isn’t described, with law enforcement officers when they executed the search warrant on his property are admissible to show consciousness of guilt. United States v. Hitt, 2018 U.S. Dist. LEXIS 1856 (E.D. Cal. … Continue reading

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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

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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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