Category Archives: Warrant papers

C.D.Cal.: SW materials in case with weighty public interest ordered unsealed

The search warrant materials in the LA City Attorney investigation are ordered disclosed because of the weighty public interest in them. In re Consumer Watchdog, 2024 U.S. Dist. LEXIS 88456 (C.D. Cal. Apr. 11, 2024):

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Conflict of laws: CA parole search waiver effective in AR

Defendant was arrested in Arkansas on a California extradition warrant, and he had a California parole search waiver. The California search waiver parallels the Arkansas statute, and Arkansas officials could search his clothing under that. In addition, the search incident … Continue reading

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E.D.Pa.: Mandamus doesn’t lie to unseal SW papers

A petition for writ of mandamus doesn’t lie parallel to an action before the USMJ to unseal search warrant materials. Martino v. United States Dist. Court for the E. Dist. of Pa., 2024 U.S. Dist. LEXIS 74349 (E.D. Pa. Apr. … Continue reading

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OH6: Trial court’s failure to explain RS under Rodriguez required remand

The trial court in denying the motion to suppress didn’t adequately explain the Rodriguez moment and whether there was reasonable suspicion. Remanded. State v. Jeter, 2024-Ohio-1442, 2024 Ohio App. LEXIS 1356 (6th Dist. Apr. 12, 2024). On the totality of … Continue reading

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S.D.Fla.: SW application redacted for discovery for now

For the time being, the search warrant application is redacted in discovery under Rule 6(e). “First, the Special Counsel opposes the disclosure of a search warrant application for Defendant De Oliveira’s Gmail account …. This includes the search warrant itself, … Continue reading

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CA7: Warranted strip search in a private secure setting was conducted reasonably

“Shaw raises three responses, but they are unavailing. First, he contends that the officers did not follow Wisconsin and local laws that instruct officers to obtain written authorization from a supervisor before a strip search. But a violation of state … Continue reading

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CA7: Not following state and local laws on strip searches doesn’t make one unreasonable

“Shaw raises three responses, but they are unavailing. First, he contends that the officers did not follow Wisconsin and local laws that instruct officers to obtain written authorization from a supervisor before a strip search. But a violation of state … Continue reading

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OH1: Missing notary seal on SW affidavit not an error of constitutional magnitude, so no suppression

A search warrant isn’t void because the affidavit in support was missing a notary seal. The rest of the statutory requirements were satisfied, and this wasn’t an error of constitutional magnitude. State v. Whittle, 2024-Ohio-1023,2024 Ohio App. LEXIS 958 (1st … Continue reading

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D.C.Cir.: The sealing of SW for def’s Facebook account has no bearing on reversibility of the conviction; release pending appeal denied

Release pending appeal denied. “Fourth, Ballenger has not shown that her arguments regarding the sealing of documents obtained under the search warrant for her Facebook account present a substantial question as to, or had any material impact on, the validity … Continue reading

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CA10: AOL scanned emails for CP, found some, and forwarded to NCMEC; what NCMEC did did not matter and that’s inevitable discovery

“We conclude that the inevitable discovery exception to exclusion applies, and therefore we need not address whether NCMEC violated the Fourth Amendment by opening Tolbert’s emails and attachments or whether the good faith exception to exclusion would apply. The evidence … Continue reading

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D.Utah: Facebook account SW was properly limited to time and to crime under investigation and not overbroad

This Facebook account warrant was properly limited. “First, both warrants here were limited to a time period of about one year, from December 11, 2020, to November 17, 2021. As a result, neither warrant allowed the government to search everything … Continue reading

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D.Minn.: Terry stop with guns drawn was reasonable here

An otherwise lawful Terry stop wasn’t made unreasonable because officers, fearing a weapon, approached with guns drawn. United States v. Thomas, 2023 U.S. Dist. LEXIS 234913 (D. Minn. Dec. 13, 2023), adopted 2024 U.S. Dist. LEXIS 21178 (D. Minn. Feb. … Continue reading

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D.P.R.: Cut-and-paste error that misidentified iPhone model overlooked by correct phone number

The search warrant was for a specific phone number on an iPhone 6S, but the phone with that number was an iPhone 13. Still, the phone number controlled, and the search was valid. Alternatively, on the totality, defendant consented to … Continue reading

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IL: A detention hearing right after arrest is not the place for a suppression hearing

A detention hearing right after arrest is not the place for a suppression hearing. Thus, the detention hearing court did not err in not considering Fourth Amendment issues. People v. Parker, 2024 IL App (1st) 232164, 2024 Ill. App. LEXIS … Continue reading

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Law Review: On Warrants & Waiting: Electronic Warrants & The Fourth Amendment

Tracy Hresko Pearl, On Warrants & Waiting: Electronic Warrants & The Fourth Amendment, 99 Ind. L. J., Issue 1, Article 1 (Winter 2023):

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DE: The PC for cell phone was limited to search history; SW otherwise overbroad

Defendant was accused of sexual contact with a four-year-old girl he was caring for. Her mother kicked him out of the house and sought a forensic exam of the child. A couple of days later, she found his cell phone … Continue reading

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W.D.Ky.: Boilerplate in affidavit doesn’t matter if the critical facts show PC

Boilerplate information in the affidavit for warrant doesn’t matter as long as the critical facts show probable cause, and here they did. There were five facts supporting probable cause. United States v. Morton, 2024 U.S. Dist. LEXIS 7580 (W.D. Ky. … Continue reading

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SD: Failure to put SW materials in record means trial court presumed correct

There were two search warrants for location data and defendant’s cell phone. Without the search warrant materials in the appellate record, there’s nothing to review and the trial court is assumed to be correct. State v. Horse, 2024 S.D. 4, … Continue reading

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MS: One of two SWs for def’s business was accidentally destroyed but not in bad faith; officers getting second SW were justified

Here there were two search warrants: One for suite E and another for both suites D & E to be sure they were searching the right premises. Execution of the suite E warrant led officers to get another for both. … Continue reading

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S.D.N.Y.: Policy directive for criminal court appearance strip searches presumptively public and not sealed

This is litigation over strip searches of detainees coming into the Manhattan Criminal Court building for court. A policy directive from another case litigated in 2018 is pertinent. The presumption of access to public records applies, and the directive will … Continue reading

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