Category Archives: Warrant requirement

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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S.D.Ala.: That state court warrant was missing two pages when filed doesn’t matter when the whole SW produced in federal court

The search warrant was issued by a state court, and two pages were missing from the filed version. The complete version was presented in federal court, and the fact part was missing in state court is not a Fourth Amendment … Continue reading

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SD: Electronic signature on a SW application sent in to magistrate is valid as an oath

An electronic signature on a search warrant application is still an oath for an affidavit required under state law, and the motion to suppress was properly denied. State v. Bowers, 2018 SD 50 (June 27, 2018). Juvenile defendant was interrogated … Continue reading

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NY3: No statutory or const’l requirement issuing magistrate’s name be printed on SW papers

Nothing requires the issuing magistrate’s name be printed on the search warrant papers, the affidavit or warrant. People v. Douglas, 2018 NY Slip Op 04388, 2018 N.Y. App. Div. LEXIS 4360 (3d Dept. June 14, 2018). A search warrant was … Continue reading

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S.D.Ill.: SW affidavit doesn’t have to be labeled one to be one

A search warrant affidavit doesn’t have to be headed “affidavit” to be one, and the attachments are considered sworn to if referred to in the body. The affidavit’s typo of having the 16th as the date of the offense when … Continue reading

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D.S.C.: Cut and paste “clerical error” on address of place to be searched was overcome by GFE

Officers sought a search warrant for defendant’s house at 2681 Houston Street. The search warrant itself, obviously called up on a computer from another case, had 3438 Navajo Street, and nobody noticed the difference, including the judge who reviewed the … Continue reading

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W.D.Ky.: Denial of one SW application is not res judicata to another different one

88 days wasn’t stale in a child pornography case. You can’t legally or factually compare marijuana possession to possession of child pornography. Denial of one search warrant application is not res judicata to another. [Usually, the second application is different … Continue reading

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PA: Date typo in affidavit for SW could be corrected in context of totality

A typographical error in a date of an occurence in the affidavit for search warrant for the year (2013 instead of 2014) could be overlooked in context of the affidavit as a whole which showed it a mere typo. Commonwealth … Continue reading

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FL4: State law doesn’t bar officer from getting SW out of jurisdiction

State law does not limit a law enforcement officer from applying for a search warrant outside the officer’s territorial jurisdiction. [Neither does the Fourth Amendment, but it isn’t even cited.] State v. Stouffer, 2018 Fla. App. LEXIS 7274 (Fla. 4th … Continue reading

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