CA3: Federal court can’t enjoin state court to re-seal a SW affidavit accidentally released in a federal case and published by press

John Dougherty was the target of a sealed search warrant and affidavit that led to no indictment. Later, Donald Dougherty (no relation) was indicted and, in his case, the John Dougherty search warrant and affidavit were accidentally filed of record. The newspapers got their hands on it, and litigation ensued in state court. Under the Anti-Injunction Act, the federal court can’t order the state court to reseal the affidavit and warrant. United States v. Dougherty, 2015 U.S. App. LEXIS 2209 (3d Cir. February 12, 2015).

Officers had good reason to believe that a person named in an arrest warrant was in defendant’s house based on investigation and a CI. After officers entered, defendant lied about her presence. They learned that defendant was on probation, so they conducted a full search of the house finding a gun. United States v. Baker, 2015 U.S. App. LEXIS 2198 (11th Cir. February 12, 2015).*

Whether the affidavit for search warrant has any false information for Franks is essentially irrelevant here because of the plain view doctrine. In addition, the motion is not timely; it’s filed a year past the motions deadline on the eve of trial. United States v. Alcaraz, 2015 U.S. Dist. LEXIS 16135 (D.Nev. February 2, 2015).*