{"id":3435,"date":"2010-03-20T13:26:34","date_gmt":"2009-10-10T08:04:49","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-10-10T08:04:49","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3435","title":{"rendered":"NC: SW materials not opened to public while investigation proceeds"},"content":{"rendered":"

There was only a qualified right of access to search warrant materials under statute and the First Amendment, and the district court did not abuse its discretion in not opening the materials when the murder investigation was still ongoing and no one had been arrested. In Re: Search Warrants Issued in Connection with the Investigation into the Death of Nancy Cooper<\/a>, COA08-1280 (October 6, 2009:<\/p>\n

We hold that the trial court properly sealed all the search warrants at issue in this case. A motion to seal search warrants and related documents is usually made when the government applies for the warrant. Baltimore Sun, 886 F.2d at 65. As stated in the 2008 Administrative order, law enforcement officers may notify the District Attorney\u2019s office to obtain a motion and order to seal a search warrant at the time the affidavits and applications for search warrants are submitted to the trial court. However, as in the present case, a trial court judge may issue an ex parte sealing order at his discretion. <\/p>\n

It is appropriate to seal such documents \u201cwhen sealing is \u2018essential to preserve higher values and is narrowly tailored to serve that interest.\u2019\u201d Id. At the time the probable cause affidavits were submitted and search warrants were issued, no suspect had been arrested in connection with Nancy Cooper\u2019s homicide. Disclosure of the information contained in the affidavits and search warrants, as the trial court included in the order, would have been \u201cpremature, since the homicide investigation [was] ongoing and no perpetrator ha[d] been charged.\u201d <\/p>\n

If the trial court \u201cdecides to close a hearing or seal documents, \u2018it must state its reasons on the record, supported by specific findings.\u2019\u201d In Re Washington Post, 807 F.2d 383, 391 (4th Cir. 1986) (quoting Knight Publishing Co., 743 F.2d at 234). The trial court \u201cmay explicitly adopt the facts that the government presents to justify sealing when the evidence appears creditable. But the decision to seal the papers must be made by the judicial officer[.]\u201d Baltimore Sun, 886 F.2d at 65. The United States Supreme Court has \u201cemphasized that the interest to be protected by closing trial proceedings [or sealing search warrants] must \u2018be articulated along with findings specific enough that a reviewing court can determine whether the closure order was properly entered.\u2019\u201d Id. at 65 (quoting Press-Enterprise, 464 U.S. at 510, 78 L. Ed. 2d at 638). \u201c[C]onclusory assertions are insufficient to allow review; specificity is required.\u201d Id. at 66. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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