Category Archives: Warrant requirement

OR: There is no state constitutional requirement the state get a telephonic warrant to avoid exigency

The state showed adequate evidence that it would take 4-5 hours to obtain a search warrant in this case, and that was enough to show exigency here. The defense put on proof that the state could have obtained a telephonic … Continue reading

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D.D.C.: Google has to produce e-mails on server in Ireland, declining to follow 2d Cir. in Microsoft II

After Second Circuit split 4-4 on whether Google could be compelled to provide e-mails stored in a server in Ireland by a warrant, a USMJ in D.C. holds that Google has to produce e-mails stored on that server. In the … Continue reading

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IN: Unchallenged SW that led to tax assessment made seizure reasonable

“In their second amended complaint, the Garwoods did assert a Fourth Amendment claim. … It is unclear what became of it, as it was still live when the State moved for summary judgment and survived that motion. In any event, … Continue reading

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W.D.N.Y.: SW materials not yet releasable because investigation is ongoing; defense can get it later

The search warrant materials in this case are not released yet because the case is still pretrial and there is investigative and CI information that shouldn’t be disclosed yet. “In evaluating a common law claim of access to judicial documents, … Continue reading

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IA: Failure to sign SW affidavit when sworn can be cured by testimony

The affiant swore to the affidavit for search warrant before the issuing magistrate, but it inadvertently wasn’t signed. That’s an error cured by testimony, even if the magistrate has to testify too. State v. Angel, 2017 Iowa Sup. LEXIS 41 … Continue reading

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D.Nev.: Def’s unsupported allegation judge didn’t sign SW overcome by officer’s testimony

Defendant’s unsupported testimony that the search warrant does not appear to have a judge’s original signature on it fails in the face of testimony from the officer that he saw the judge sign it. The fact it took 120 days … Continue reading

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CA5: SW for 320 CR 401 didn’t include 320A; telephonic warrant fails for lack of a record of what caused to issue

A search warrant for 320 CR 401 did not objectively include 320A CR 401, a different address and building 200 yards away with a separate electric meter, so summary judgment was improperly granted the police. In addition, a telephone warrant … Continue reading

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TN: Procedural errors in handling the paperwork of a SW after execution are overlooked if no prejudice

Alleged mishandling of the paperwork on a search warrant for new DNA in a cold case hit could have resulted in a motion to suppress, but it’s not obvious that it would be granted because procedural defects in the return … Continue reading

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CAAFlog: Argument Preview: Considering whether the Fourth Amendment requires a temporal limitation for a search in United States v. Richards, No. 16-0727/AF

CAAFlog: Argument Preview: Considering whether the Fourth Amendment requires a temporal limitation for a search in United States v. Richards, No. 16-0727/AF by Zachary D Spilman:

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IN: 4A doesn’t require a SW be obtained at the earliest possible time

Officers were tipped off to the defendant coming through with drugs eight hours before he was stopped. The stop was for speeding and weaving, and a drug dog was used which alerted. The fact the officers had eight hours warning … Continue reading

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