Category Archives: Warrant requirement

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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W.D.Ky.: Typo in the affidavit for SW didn’t merit suppression; when corrected, no staleness

The wiretap underlying the search warrant has already been sustained by the USDJ, so that can’t support suppressing the search. Defendant’s Franks challenge to the affidavit because of the date is really just a typo (2004 v. 2012), so it … Continue reading

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LA5: Typo as to IP source in CP case was irrelevant to existence of probable cause

A typographical error as to defendant’s internet provider did not undermine the probable cause for the search warrant for his child pornography on his computer. It has nothing to do with the probable cause. State v. Shiell, 2016 La. App. … Continue reading

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IN: Cell phone photograph of SW sent to officer’s phone satisfied the statute for officer to have warrant for search

The officer here needed a search warrant for defendant’s blood for suspicion of DUI. When the warrant was issued, a photograph of it was sent to his cell phone. Defendant objected to the form of the warrant claiming that it … Continue reading

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W.D.N.Y.: USMJ accidentally crossing out a paragraph when a single sentence about no-knock was intended to be struck didn’t undermine PC; judge deciding the case made the mistake

The USMJ who issued the search warrant decides its validity. An entire paragraph was crossed out, but the court says that it only intended to cross out the no-knock authorization. Since the warrant was signed and the officers were directed … Continue reading

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