N.D.Tex.: Neither 4A or Rule 41 requires SW be served on def before its execution

“Neither the Fourth Amendment nor Rule 41 requires the executing officer to serve a search warrant on the owner before beginning the search. United States v. Grubbs, 547 U.S. 90, 98-99 (2006). Counsel was not ineffective for failing to file a motion to suppress on that basis. See United States v. Childs, No. 3:12-CV-1405, 2012 WL 7801603 at *3 (N.D. Tex. Nov. 19, 2012), rec. accepted, 2013 WL 1197745 (N.D. Tex. Mar. 22, 2013) (counsel not ineffective for failing to file a motion to suppress based on the officer’s failure to present a search warrant before conducting the search).” Blackburn v. United States, 2018 U.S. Dist. LEXIS 68743 (N.D. Tex. Apr. 24, 2018).

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