Category Archives: Nighttime search

D.Nev.: Good cause shown for execution of SW at night because of neighborhood children

The government showed good cause for execution of a search warrant at night because of defendant’s house’s proximity to a school on break that would likely have kids around in the day in case the raid became violent. In any … Continue reading

Posted in F.R.Crim.P. 41, Nighttime search | Comments Off

D.Nev.: Nighttime search clause in SW moot where search was during day

Police showed probable cause for a DNA search warrant in an effort to connect defendant to an armed robbery. The warrant had a nighttime search clause. Since this all happened during daylight hours, any issues with the nighttime clause are … Continue reading

Posted in DNA, Nighttime search | Comments Off

E.D.N.C.: Post-release supervision home search before dawn wasn’t reasonable

Defendant was subject to home post-release supervision visits conducted at reasonable times. This one was 6:00-6:15 am when sunrise was nearly 7 am. This was effectively a nighttime search of his house and was thus unreasonable. Suppressed. United States v. … Continue reading

Posted in Nighttime search, Probation / Parole search | Comments Off

CA9: 4 am knock-and-talk violated implied license of Jardines

Officers came to defendant’s house at 4 am for a knock-and-talk to arrest him. They heard a crashing noise in the backyard and found defendant there. The subsequent search of defendant’s house was presumptively unreasonable and without any lawful justification. … Continue reading

Posted in Curtilage, Knock and talk, Nighttime search | Comments Off

NY3: Nighttime search was justified, and defendant wasn’t even home

Police justified a nighttime search warrant at defendant’s house. He was a suspect in a robbery with a knife to the victim’s throat where the victim was forced into an apartment. In the ensuing struggle, the victim said the suspect … Continue reading

Posted in Automobile exception, Nighttime search | Comments Off

MI sustains a 4 am knock-and-talk; a depressing must read for practitioners there

This 4 a.m. knock-and-talk was reasonable. Seven police officers with vests and guns showed up to get a consent and got it. Defendant was dealing marijuana butter in a MMJ state. People v. Frederick, 2015 Mich. App. LEXIS 2289 (Dec. … Continue reading

Posted in Knock and talk, Nighttime search | Comments Off

OH5: Being on porch waiting for keys before 8 pm was not a nighttime search

The daytime search provision is 7 am to 8 pm. Officers were on defendant’s porch before 8 pm and were waiting for keys rather than force entry. They complied with the rule. State v. Harris, 2015-Ohio-2480, 2015 Ohio App. LEXIS … Continue reading

Posted in Drug or alcohol testing, Nighttime search, Reasonable suspicion | Comments Off

AK: Midnight “trooper sniff” on the curtilage near def’s front door violated Jardines

Alaska State Troopers creeped down defendant’s driveway in a police car to the front of her house at midnight for a “trooper sniff,” smelling marijuana. This entry onto the curtilage was even more intrusive than Jardines because it was at … Continue reading

Posted in Curtilage, Nighttime search | Comments Off

CA8: Where driveway encircles house and car parked in back, curtilage not violated

Officers did not violate the curtilage by driving down a road looking for somebody when they came upon a house with a driveway that went around it, and the only car was parked behind it. They parked there and encountered … Continue reading

Posted in Curtilage, Franks doctrine, Nighttime search | Comments Off

WY: No prejudice from this violation of nighttime search rule; GFE also applies

The state violated the nighttime search rule by executing this search warrant at 10:18 pm rather than before 10 pm, but the officers claimed not to know the exact time. There was no showing in the search warrant papers for … Continue reading

Posted in Good faith exception, Nighttime search | Comments Off