Category Archives: Nighttime search

OH6: SW with nighttime search authorization can be executed in daytime, too

A search warrant with a nighttime search authorization can be executed in the daytime, too. State v. Flores, 2018-Ohio-3980, 2018 Ohio App. LEXIS 4307 (6th Dist. Oct. 1, 2018) [Daytime warrant execution is just safer. That’s why there’s a high … Continue reading

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CA5: 2 am knock-and-talk that led to alleged consent and excessive force claim gets no QI

2 a.m. knock and talk may have been unreasonable, and summary judgment for officers is reversed. Plaintiff closed her door and they insisted upon entry. The officers were investigating whether plaintiff’s son committed trespass that night. Plaintiff also stated a … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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