Category Archives: Warrant requirement

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:

Posted in Drug or alcohol testing, Warrant execution, Warrant requirement | Comments Off on PBS: Police are now taking roadside blood samples to catch impaired drivers

E.D.Cal.: Unsealing of SW materials not granted preindictment

The Sacramento Bee and defendant seek unsealing of search warrant materials in an extradition matter, but the motion is denied. Extradition is different than prosecution. If a criminal prosecution will result in the United States, and it still could, the … Continue reading

Posted in Reasonable suspicion, Warrant requirement | Comments Off on E.D.Cal.: Unsealing of SW materials not granted preindictment

TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

The judge issuing the search warrant didn’t swear the affiant, and the fact that the papers said it was under oath and there is a jurat isn’t enough. Wheeler v. State, 2019 Tex. App. LEXIS 2233 (Tex. App. – Ft. … Continue reading

Posted in Reasonable expectation of privacy, Warrant requirement | Comments Off on TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

IN: An electronic signature on an e-warrant satisfies the oath or affirmation requirement

The officer’s electronic signature on an electronic search warrant application satisfies the search warrant statute and the oath and affirmation requirement. Abd v. State, 2019 Ind. App. LEXIS 125 (Mar. 19, 2019):

Posted in Warrant requirement | Comments Off on IN: An electronic signature on an e-warrant satisfies the oath or affirmation requirement

WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show

WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show by Devlin Barrett, Matt Zapotosky and Rosalind S. Helderman:

Posted in Uncategorized, Warrant execution, Warrant requirement | Comments Off on WaPo: Cohen SW: Mueller sought Michael Cohen’s emails months before FBI raid, warrants show

W.D.La.: A state judge without terroritial jurisdiction doesn’t violate Stored Communications Act

The fact a Louisiana state judge’s warrant under the Stored Communications Act, 18 U.S.C. § 2703, was apparently partly outside the judge’s territorial jurisdiction is not a ground to suppress under § 2703. “Article 161(A) states, ‘a judge may issue … Continue reading

Posted in Warrant requirement | Comments Off on W.D.La.: A state judge without terroritial jurisdiction doesn’t violate Stored Communications Act

E.D.Va.: Child sex offense revealed during FISA warrant doesn’t entitle defense to see the papers to attempt to suppress

Defendant is accused of a coercion of a minor for sex that was revealed during a FISA warrant. The AG having certified that revealing the source would harm national security, the defense doesn’t get to see the papers submitted in … Continue reading

Posted in Suppression hearings, Warrant requirement | Comments Off on E.D.Va.: Child sex offense revealed during FISA warrant doesn’t entitle defense to see the papers to attempt to suppress

GA: A temporary protective order is not a substitute for a SW; they’re also issued on a citizen complaint

A temporary protective order issued on a citizen’s complaint cannot substitute for a search warrant to permit entry into defendant’s property to seize firearms. State v. Burgess, 2019 Ga. App. LEXIS 191 (Mar. 14, 2019):

Posted in Warrant requirement | Comments Off on GA: A temporary protective order is not a substitute for a SW; they’re also issued on a citizen complaint

N.D.Ill.: Chicago Sun-Times gets access to SW affidavit briefly accidently unsealed on PACER under common law right of access to judicial records

The Chicago Sun-Times got access on PACER to a search warrant affidavit that was filed and briefly not sealed. They opened and copied it before it was sealed. Now they seek access to the file. The court finds that the … Continue reading

Posted in Warrant requirement | Comments Off on N.D.Ill.: Chicago Sun-Times gets access to SW affidavit briefly accidently unsealed on PACER under common law right of access to judicial records

D.Mont.: Federal telephonic SW not subject to suppression without bad faith

The stop, as told to defendant, was for a traffic violation, but there was reasonable suspicion for drug trafficking considering all that the officers knew. Therefore, using a drug dog was reasonable because a drug investigation was legally supported. Use … Continue reading

Posted in Good faith exception, Warrant requirement | Comments Off on D.Mont.: Federal telephonic SW not subject to suppression without bad faith

TX13: Unsatisified state requirement issuing magistrate’s name be clearly stated warranted suppression

Texas added a fifth requirement to search warrants that the issuing magistrate’s name be clearly legible. It can be incorporated from the affidavit. Here it wasn’t, and the motion to suppress was properly granted and no good faith exception applies. … Continue reading

Posted in Collective knowledge, Warrant requirement | Comments Off on TX13: Unsatisified state requirement issuing magistrate’s name be clearly stated warranted suppression

S.D.N.Y. concludes there is a somewhat limited common law right of access to the SW materials in the Michael Cohen case

On the motion of media organizations’ for access to the search warrant materials in the Michael Cohen case, the S.D.N.Y. concludes there is a limited common law right of access to the search warrant materials. Contrary to other courts, the … Continue reading

Posted in Warrant requirement | Comments Off on S.D.N.Y. concludes there is a somewhat limited common law right of access to the SW materials in the Michael Cohen case