Category Archives: Warrant requirement

S.D.Tex.: Emergency court order to remove children from home satisfied warrant requirement of 4A

An emergency family court order to take custody of children satisfied the warrant requirement of the Fourth Amendment. “The April 6, 2017 order is equivalent to a warrant satisfying the Fourth Amendment. See Gates v. Tex. Dept. of Prot. & … Continue reading

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S.D.Ga.: Oral military search authorizations do not violate 4A or Rule 41

Oral search warrant requests and authorizations under M.R.E. 315 do not violate the Fourth Amendment or Rule 41. Many cases so hold. The violation of the SOP manual for military magistrates wasn’t serious enough to justify suppression nor prevent the … Continue reading

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W.D.Pa.: Typo that SW had to be served same day it was issued could be overlooked

Typo on a search warrant that it had to be executed the same day it was issued could be overlooked. It was issued mid-afternoon; it clearly didn’t require that the probable cause would cease to exist at 11:59 pm that … Continue reading

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VT: SW target gets a hearing on whether he gets access to his own SW materials

“In this matter, Jacob Oblak petitioned the superior court for access to an affidavit of probable cause filed in a criminal case and was denied.” The public access to records rule has another rule for exceptions was not properly applied. … Continue reading

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MD: Judge sanctioned for, among other things, not properly handling the SW paperwork allowed to accumulate in her office rather than get it matched up and filed

A Baltimore City judge was suspended for six months for multiple things, one of which was not timely matching up 135 search warrants and applications and returns that had accumulated in her office for filing. Also, a staff member turned … Continue reading

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IL: 8 month delay in getting SW for seized computers was unreasonable

The state’s eight month delay in seeking a search warrant for defendant’s computers seized under a warrant was unjustified and unreasonable. The state’s reasoning was it didn’t “want to step on the toes of the IRS” and it took the … Continue reading

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C.D.Ill.: Def’s name and address aren’t constitutionally required to be in the SW

Defendant’s 2255 claim that his name and address weren’t in the search warrant doesn’t state any ground for relief because neither is constitutionally required. Lopez v. United States, 2019 U.S. Dist. LEXIS 105807 (C.D. Ill. June 25, 2019). The affidavit … Continue reading

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KY: A court order doesn’t need to be titled “search warrant” to be considered one.

A court order doesn’t need to be titled “search warrant” to be considered one. The statute involved says a “search warrant” is required, but any court order issued on probable cause is valid. Whitlow v. Commonwealth, 2019 Ky. LEXIS 205 … Continue reading

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W.D.N.Y.: State judge’s notes of oral testimony for SW may be considered in federal court

Under the “four corners rule,” only the content of the affidavit for search warrant can be considered, but what about unrecorded oral testimony in support? New York procedural law requires the issuing magistrate who considers oral representations in further support … Continue reading

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TN: “Process” in a child exploitation statute does not include SWs; legislature could have added SWs if it intended that

“We granted permission to appeal in this case in order to determine whether Tennessee Code Annotated section 39-17-1007, which provides that ‘[n]o process, except as otherwise provided, shall be issued for the violation of [the statutes proscribing the offenses of … Continue reading

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D.D.C.: Michael Cohen SW materials ordered released

“The Associated Press, Cable News Network, Inc., The New York Times Company, POLITICO LLC, and WP Co., LLC, d/b/a the Washington Post (collectively, the ‘Media Coalition’) request an order unsealing ‘warrants, applications, supporting affidavits, and returns relating to all search, … Continue reading

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PBS: Police are now taking roadside blood samples to catch impaired drivers

PBS: Police are now taking roadside blood samples to catch impaired drivers by Jenni Bergal:

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