Category Archives: Warrant requirement

W.D.Ky.: How def answered other questions during his stop was pertinent to the voluntariness of his later consent

How defendant answered other questions about his paperwork and where he was going was important to show that he understood when asked for consent on the totality of circumstances. United States v. Reyes-Martinez, 2020 U.S. Dist. LEXIS 217510 (W.D. Ky. … Continue reading

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E.D.Wis.: Clerical error in attaching wrong SW to affidavit where there were more than one for def could be corrected

A clerical error in attaching the wrong affidavit to multiple search warrants for defendant’s property could be read through and corrected. As to the probable cause, the affidavits showed it and the good faith exception would apply. United States v. … Continue reading

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OH6: File stamp time error on SW wasn’t subject to exclusionary rule

The file stamp on a search warrant was before the judge signed it. This, however, is just a clerical error, and that doesn’t void an otherwise valid warrant. The exclusionary rule shouldn’t apply to such errors. “The testimonial evidence was … Continue reading

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TX13: Legibility of issuing magistrate’s signature on SW is subject to GFE

The legibility of the signature of the issuing magistrate for a search warrant is an issue subject to the good faith exception. This court first held the illegibility was reason to suppress, but the Court of Criminal Appeals reversed. State … Continue reading

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NY: Ex ante DNA warrant process didn’t challenge PC and it was otherwise reasonable

In New York, a search warrant for corporeal evidence allows the target to contest the probable cause before issuance and execution of the warrant on reasonableness and probable cause. Here, defendant didn’t challenge the probable cause, and the warrant could … Continue reading

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CA5: Dist.Ct. erred in dismissing civil claim ptf never saw 32 pg attachment to SW

One of plaintiff’s Fourth Amendment claims was that the 32 page attachment limiting the scope of the search warrant was not attached, and he still hadn’t seen it. The district court erred in dismissing the claim without the plaintiff seeing … Continue reading

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FL1: Def didn’t show grounds for access to unredacted SW affidavit

Defendant did not make a sufficient showing to get access to the sealed portion of the affidavit for search warrant by simply saying that the information in the affidavit was likely stale. He needed to avail himself of the discovery … Continue reading

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CA7: CHA security guard not state action

A security guard employed by the Chicago Housing Authority was not a state actor. There is already precedent in this circuit. United States v. Green, 2020 U.S. App. LEXIS 29421 (7th Cir. Sept. 16, 2020). The SDNY searched defendant’s emails … Continue reading

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MO: Alteration of SW application after warrant issued is strongly disapproved of, but here did not undermine PC

A mistake as to the name of the person’s BAC to be searched for and seized in the warrant could be overlooked where it correctly appeared 50 times in the affidavit. The officer’s altering the search warrant application with the … Continue reading

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Reason: More Than a Year Before Breonna Taylor’s Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence

Reason: More Than a Year Before Breonna Taylor’s Death, Some of the Same Cops Were Involved in Another Home Invasion Based on Dubious Evidence by Jacob Sullum (“The overlap suggests a pattern of shoddy investigation and reckless paramilitary tactics in … Continue reading

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CA6: Cut-and-paste typos in SW can be ignored if intention can be determined

Typographical errors in a search warrant from using another warrant off a computer can be ignored if the intention of the search warrant can be determined. United States v. Abdalla, 2020 U.S. App. LEXIS 27375 (6th Cir. Aug. 27, 2020):

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CA6: No 4A right to recording testimony that supplements affidavit, but there’s got to be a record

The state judge who issued the search warrant was a neutral and detached magistrate under the Fourth Amendment. Whether the magistrate had state law jurisdiction is a kind of circular argument under state law, but the Fourth Amendment only requires … Continue reading

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Reason: Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division

Reason: Grand Jury Indictments Paint a Picture of Deadly Deceit in Houston Narcotics Division by Jacob Sullum (“The charges, which grew out of a lethal 2019 raid based on a fraudulent search warrant affidavit, suggest that cops routinely built their … Continue reading

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D.Ore.: Illegibility of judge’s signature on SW not 4A violation

Just because the state trial judge’s signature was illegible doesn’t violate the Fourth Amendment. The judge’s name was stamped below. United States v. McElroy, 2020 U.S. Dist. LEXIS 132608 (D. Ore. July 24, 2020). Franks challenge fails: “Thus, the bottom … Continue reading

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CAAF: Devolution of M.R.E. 311(a) authority is a functional test; Lt.Col. overseas, and Maj. in charge of everything else

Devolution of authority from a commanding officer at a military installation from one to the Executive Officer during a six month deployment is governed by a functional analysis under M.R.E. 311(a). Here, the Major had authority in the absence of … Continue reading

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RI: Subpoena duces tecum was for records with no REP, so 4A warrant requirement not implicated

The subpoena for records here was reasonable, and there was no reasonable expectation of privacy in them where the court could analogize the subpoena as a search. State v. Doyle, 2020 R.I. LEXIS 65 (July 8, 2020):

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