Category Archives: Warrant requirement

E.D.Ky.: The affidavit for a search warrant does not need to allege a specific statute was violated

The affidavit for a search warrant does not need to allege a specific statute was violated as long as the issuing magistrate can conclude that a criminal offense likely occurred. The facts alleged determine the scope of search. United States … Continue reading

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IA: No conflict in motion to suppress where def counsel was law partner of issuing magistrate

Defense counsel was the law partner of the issuing magistrate. On post-conviction, defendant did not show that defense counsel was operating under a conflict of interest because defense counsel filed and vigorously litigated a motion to suppress. Kensett v. State, … Continue reading

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FL4: SW papers are public records, and due process requires def to see them

Search warrant papers are discoverable to the defense and the unredacted parts are public records that must be disclosed. “The state asks us to prevent the disclosure of information that it had redacted from search warrants and warrant applications related … Continue reading

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ID: Affidavit for SW doesn’t have to be signed in judge’s presence

The search warrant was properly issued on affidavit. It didn’t have to be signed in the presence of the judge. An oral affidavit has to be, but this isn’t. State v. Hensley, 2018 Ida. App. LEXIS 49 (Nov. 16, 2018). … Continue reading

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LA1: Technical defect in oath for SW not ground to suppress

Technical defect in the oath in the search warrant application doesn’t warrant suppression of evidence. State v. Parker, 2018 La. App. LEXIS 2256 (La. App. 1 Cir. Nov. 10, 2018). A Rule 41(g) motion from pre-2000 seizure wasn’t timely in … Continue reading

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VA: Statute on filing warrant papers in court is procedural and suppression not the remedy

The statute requiring search warrant papers be filed with the circuit clerk is merely procedural, and it confers no substantive rights for its violation. Heroin in the car was visible from outside and thus in plain view, and that was … Continue reading

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D.S.D.: SW affidavit attachments referred to in affidavit and were used at the pre-search briefing to narrow the search

The application for the search warrant could have been more clear, but it was still apparent that the attachments were incorporated, and they completed the probable cause showing. Moreover, the attachments were used in the pre-search briefing of the officers … Continue reading

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CA7: In a wiretap application, only def’s nickname was sufficient when PC is shown

Defendant on a wiretap application was only known by his nickname, and this did nothing to alter the probable cause analysis nor undermine probable cause. United States v. Santiago, 2018 U.S. App. LEXIS 27919 (7th Cir. Oct. 2, 2018) (there’s … Continue reading

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GA: Search of a backpack six days after seizure required a SW

Defendant was granted a new murder trial on ineffective assistance of counsel grounds, one of which was failure to file a motion to suppress. On remand to the trial court, he pursued the motion to suppress claiming that a search … Continue reading

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W.D.Pa.: This SW directed at a place and things, not just persons

“Defendant’s argument that 1335 Geyer Avenue was indeed his home, but that police did not know it was his home, thus fails. Additionally, ‘search warrants are directed, not at persons, but at property where there is probable cause to believe … Continue reading

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DE: Def counsel was not ineffective for not arguing obvious typo on date justified suppression because it didn’t

The search warrant affidavit said August 3, 2015, but August was typed and the 3 written in. It’s clear from all the testimony that it was issued September 3, and the “August” wasn’t corrected. Therefore, defense counsel wasn’t ineffective for … Continue reading

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GA: Probate judge could issue SW under state law

It wasn’t a violation of state law that a probate judge signed the search warrant in this case. Joyner v. State, 2018 Ga. App. LEXIS 474 (Aug. 3, 2018). Defendant’s DNA was found on bullet casings, and that was added … Continue reading

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