D.Minn.: Defendant was kept out of his house at 10 pm while a SW was sought, and the failure to specify it was a nighttime search was not a serious violation of Rule 41

The fact the state search warrant for child pornography did not state that the search was a nighttime search was not sufficient to suppress. Defendant’s house was secured while the warrant was being sought at 10:15 pm. Defendant was not rousted out of bed; he was expecting the warrant. The judge issuing the warrant obviously knew it was at night. United States v. Busse, 2011 U.S. Dist. LEXIS 62341 (D. Minn. May 24, 2011).*

Defendant’s motel business was subjected to a records search relating to fraud against FEMA for housing displaced persons from Hurricane Katrina. The search warrant was not overbroad, and seizure of draft tax returns was not unreasonable. That led to an indictment for failure to pay income taxes. United States v. Patel, 429 Fed. Appx. 885 (11th Cir. 2011).*

Defendant was a passenger on a bus that made a stop in Omaha, and the police got on the bus looking for suspicious travelers who bought their tickets within one day of departure. He was not confined and consented to a search of his jacket by handing it over when requested. United States v. Correa, 2011 U.S. App. LEXIS 11970 (8th Cir. June 13, 2011).*