Category Archives: Warrant requirement

W.D.N.Y.: State judge’s notes of oral testimony for SW may be considered in federal court

Under the “four corners rule,” only the content of the affidavit for search warrant can be considered, but what about unrecorded oral testimony in support? New York procedural law requires the issuing magistrate who considers oral representations in further support … Continue reading

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TN: “Process” in a child exploitation statute does not include SWs; legislature could have added SWs if it intended that

“We granted permission to appeal in this case in order to determine whether Tennessee Code Annotated section 39-17-1007, which provides that ‘[n]o process, except as otherwise provided, shall be issued for the violation of [the statutes proscribing the offenses of … Continue reading

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D.D.C.: Michael Cohen SW materials ordered released

“The Associated Press, Cable News Network, Inc., The New York Times Company, POLITICO LLC, and WP Co., LLC, d/b/a the Washington Post (collectively, the ‘Media Coalition’) request an order unsealing ‘warrants, applications, supporting affidavits, and returns relating to all search, … Continue reading

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PBS: Police are now taking roadside blood samples to catch impaired drivers

PBS: Police are now taking roadside blood samples to catch impaired drivers by Jenni Bergal:

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E.D.Cal.: Unsealing of SW materials not granted preindictment

The Sacramento Bee and defendant seek unsealing of search warrant materials in an extradition matter, but the motion is denied. Extradition is different than prosecution. If a criminal prosecution will result in the United States, and it still could, the … Continue reading

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TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

The judge issuing the search warrant didn’t swear the affiant, and the fact that the papers said it was under oath and there is a jurat isn’t enough. Wheeler v. State, 2019 Tex. App. LEXIS 2233 (Tex. App. – Ft. … Continue reading

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IN: An electronic signature on an e-warrant satisfies the oath or affirmation requirement

The officer’s electronic signature on an electronic search warrant application satisfies the search warrant statute and the oath and affirmation requirement. Abd v. State, 2019 Ind. App. LEXIS 125 (Mar. 19, 2019):

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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:

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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

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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

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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):

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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

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