Category Archives: Warrant requirement

CAAFlog: Argument Preview: Considering whether the Fourth Amendment requires a temporal limitation for a search in United States v. Richards, No. 16-0727/AF

CAAFlog: Argument Preview: Considering whether the Fourth Amendment requires a temporal limitation for a search in United States v. Richards, No. 16-0727/AF by Zachary D Spilman:

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IN: 4A doesn’t require a SW be obtained at the earliest possible time

Officers were tipped off to the defendant coming through with drugs eight hours before he was stopped. The stop was for speeding and weaving, and a drug dog was used which alerted. The fact the officers had eight hours warning … Continue reading

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W.D.Ky.: Typo in the affidavit for SW didn’t merit suppression; when corrected, no staleness

The wiretap underlying the search warrant has already been sustained by the USDJ, so that can’t support suppressing the search. Defendant’s Franks challenge to the affidavit because of the date is really just a typo (2004 v. 2012), so it … Continue reading

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LA5: Typo as to IP source in CP case was irrelevant to existence of probable cause

A typographical error as to defendant’s internet provider did not undermine the probable cause for the search warrant for his child pornography on his computer. It has nothing to do with the probable cause. State v. Shiell, 2016 La. App. … Continue reading

Posted in Computer searches, Reasonable suspicion, Warrant requirement | Comments Off

IN: Cell phone photograph of SW sent to officer’s phone satisfied the statute for officer to have warrant for search

The officer here needed a search warrant for defendant’s blood for suspicion of DUI. When the warrant was issued, a photograph of it was sent to his cell phone. Defendant objected to the form of the warrant claiming that it … Continue reading

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W.D.N.Y.: USMJ accidentally crossing out a paragraph when a single sentence about no-knock was intended to be struck didn’t undermine PC; judge deciding the case made the mistake

The USMJ who issued the search warrant decides its validity. An entire paragraph was crossed out, but the court says that it only intended to cross out the no-knock authorization. Since the warrant was signed and the officers were directed … Continue reading

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LA rule permitting electronic warrant applications and issuance doesn’t violate 4A or Rule 41

The police got a search warrant from a Louisiana state judge by electronic means, but the case ended up in federal court. Louisiana’s criminal rule permitting electronic warrant applications does not violate the “oath or affirmation” requirement of the Fourth … Continue reading

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D.V.I.: Telephonic warrant requirements were complied with and GFE didn’t apply

The telephonic search warrant here failed the requirements of Rule 41, including the verbatim reading of the warrant to the issuing judge, and didn’t mention that they also wanted to search a car that was omitted from the warrant. The … Continue reading

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E.D.Wis.: Def didn’t show he was removed from house just so he couldn’t refuse consent

Defendant, a suspect in a shooting, was arrested in his house, handcuffed, patted down for a weapon, and removed to the police station. His girlfriend lived with him and consented to a search of the premises. Defendant could not show … Continue reading

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CO: Humane Society employee not statutorily authorized to procure SW, but court refuses to suppress

While an “animal protection agent” of the Humane Society is not statutorily authorized to seek a search warrant under Colorado law, the court refuses to suppress because there was probable cause and the warrant was otherwise executed reasonably. People v. … Continue reading

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