Category Archives: Warrant requirement

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

Posted in Computer searches, Reasonable suspicion, Warrant requirement | Comments Off

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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LA rule permitting electronic warrant applications and issuance doesn’t violate 4A or Rule 41

The police got a search warrant from a Louisiana state judge by electronic means, but the case ended up in federal court. Louisiana’s criminal rule permitting electronic warrant applications does not violate the “oath or affirmation” requirement of the Fourth … Continue reading

Posted in F.R.Crim.P. 41, Warrant requirement | Comments Off

D.V.I.: Telephonic warrant requirements were complied with and GFE didn’t apply

The telephonic search warrant here failed the requirements of Rule 41, including the verbatim reading of the warrant to the issuing judge, and didn’t mention that they also wanted to search a car that was omitted from the warrant. The … Continue reading

Posted in F.R.Crim.P. 41, Good faith exception, Warrant requirement | Comments Off

E.D.Wis.: Def didn’t show he was removed from house just so he couldn’t refuse consent

Defendant, a suspect in a shooting, was arrested in his house, handcuffed, patted down for a weapon, and removed to the police station. His girlfriend lived with him and consented to a search of the premises. Defendant could not show … Continue reading

Posted in Consent, Neutral and detached magistrate, Warrant requirement | Comments Off

CO: Humane Society employee not statutorily authorized to procure SW, but court refuses to suppress

While an “animal protection agent” of the Humane Society is not statutorily authorized to seek a search warrant under Colorado law, the court refuses to suppress because there was probable cause and the warrant was otherwise executed reasonably. People v. … Continue reading

Posted in Exclusionary rule, Warrant requirement | Comments Off

NC: Failure to give inventory to target of search doesn’t lead to suppression

The inventory to be given to the person from whom stuff was seized has to be given, but a failure to comply doesn’t warrant suppression. It’s after the search so it doesn’t involve the right to be free from unreasonable … Continue reading

Posted in Probable cause, Reasonable suspicion, Warrant requirement | Comments Off

W.D.Tenn.: Order to execute on civil default judgment satisfied the warrant clause

The sheriff’s office entered defendant’s home to execute on a civil judgment for attorneys fees in a domestic matter obtained by a default judgment. Firearms were found, but he was a prohibited person. The civil process was a court order … Continue reading

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AR: While SW must be issued on affidavit or recorded testimony, questions about no-knock didn’t have to be recorded, especially when no-knock refused

Search warrants must be issued on affidavits or recorded testimony. The issuing judge asked questions about the no-knock entry, and this was separate from probable cause finding. This did not have to be recorded. Besides, the judge denied the no-knock … Continue reading

Posted in Knock and announce, Reasonable suspicion, Warrant requirement | Comments Off

C.D.Cal.: Purging an invalid consent search from the affidavit for SW, the remainder shows no PC, so search suppressed

The testimony of the defendants on consent was consistent, detailed, and credible, but the testimony of the officers was vague. Thus, the consent is found invalid. Since the consent search made it into the affidavit for the search warrant, it … Continue reading

Posted in Exclusionary rule, Warrant requirement | Comments Off