{"id":63174,"date":"2026-02-12T10:00:57","date_gmt":"2026-02-12T15:00:57","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63174"},"modified":"2026-02-13T09:35:01","modified_gmt":"2026-02-13T14:35:01","slug":"or-accidentally-omitted-warrant-from-email-results-in-suppressing-search-despite-finding-of-pc-and-particularity","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=63174","title":{"rendered":"OR: Accidentally omitted warrant from email results in suppressing search despite finding of PC and particularity"},"content":{"rendered":"\n<p>The officer emailed to the magistrate the affidavit for warrant and he thought the warrant, too. The magistrate emailed back saying she found probable cause and authorized the search. A day or two later, the officer realized the warrant was never emailed. Thus, there was no warrant, and the search was suppressed. \u201cAgain, as the Supreme Court explained in Groh, a warrant is a critical safeguard of the right to be free from unreasonable government intrusion, a right secured to Oregonians by both Article I, section 9, and the Fourth Amendment. We would erode that critical constitutional safeguard by holding that a warrant that never existed could nevertheless operate as a valid warrant.\u201d <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/collection\/p17027coll5\/id\/40929\/rec\/1\">State v. Morin<\/a>, 347 Or. App. 1 (Feb. 11, 2026).<\/p>\n\n\n\n<p>Plaintiff was the subject of a search that led to his guilty plea and conviction. He can\u2019t sue over that now. Gray v. Goddu, 2026 U.S. Dist. LEXIS 27080 (D. Conn. Feb. 10, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer emailed to the magistrate the affidavit for warrant and he thought the warrant, too. The magistrate emailed back saying she found probable cause and authorized the search. A day or two later, the officer realized the warrant was &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=63174\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[126,16,133],"tags":[],"class_list":["post-63174","post","type-post","status-publish","format-standard","hentry","category-issue-preclusion","category-warrant-execution","category-warrant-papers"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63174","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63174"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63174\/revisions"}],"predecessor-version":[{"id":63182,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63174\/revisions\/63182"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63174"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63174"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63174"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}