NY Co.: SW not timely executed is suppressed

Search warrants in NY have to be executed within ten days. This cell phone warrant wasn’t, so suppression is granted. The order is stayed so the state can decide whether to appeal. People v. Nurse, 2023 NY Slip Op 23167, 2023 N.Y. Misc. LEXIS 2607 (N.Y. Co. May 5, 2023).

Two officers approaching defendant at a train station when he boarded a bus was not a seizure. Reasonable suspicion developed. United States v. Vining, 2023 U.S. Dist. LEXIS 93677 (E.D. Mich. May 30, 2023).*

A search warrant is presumed valid, and defendant here did not overcome that presumption they were issued with probable cause. His Franks challenge also fails. United States v. Lettieri, 2023 U.S. Dist. LEXIS 93765 (W.D.N.Y. May 30, 2023).*

“If a court determines that a warrant application ‘contains both lawful and tainted allegations,’ the application is valid so long as ‘the lawful information, considered independently, supports probable cause.’” United States v. Bongiovanni, 2023 U.S. Dist. LEXIS 93831 (W.D.N.Y. May 30, 2023).*

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