Category Archives: Warrant 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

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

Posted in Good faith exception, Probable cause, Warrant requirement | Comments Off on E.D.Ky.: The affidavit for a search warrant does not need to allege a specific statute was violated

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

Posted in Standards of review, Warrant requirement | Comments Off on IA: No conflict in motion to suppress where def counsel was law partner of issuing magistrate

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

Posted in Franks doctrine, Warrant execution, Warrant requirement | Comments Off on FL4: SW papers are public records, and due process requires def to see them

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

Posted in Cell site location information, Good faith exception, Warrant requirement | Comments Off on ID: Affidavit for SW doesn’t have to be signed in judge’s presence