Category Archives: Warrant papers

D.D.C.: SW affidavit unsealed in part, protects identity of witnesses

The search warrant for Sen. Burr’s cell phone is unsealed in part after about a year under the common law right of access to judicial records. In re L.A. Times Communs. LLC to Unseal Court Records, 2022 U.S. Dist. LEXIS … Continue reading

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S.D.Fla.: Threats against LEOs involved in execution of SW requires affidavit remain sealed

Public threats against FBI agents involved in the search requires leaving the affidavit for the search warrant under seal. In re Warrant, 2022 U.S. Dist. LEXIS 150388 (S.D. Fla. Aug. 22, 2022). Defendant’s traffic stop was factually based and not … Continue reading

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MS: Minor errors in paperwork didn’t obscure a thing and didn’t prejudice def

Minor errors in the paperwork for the warrant were not prejudicial to defendant. There was no challenge to probable cause, and the papers as a whole show the warrant timely executed after issuance. Jenkins v. State, 2022 Miss. App. LEXIS … Continue reading

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CA6: No 4A requirement to file SW before execution

No case says that failure to file a search warrant before it is executed violates the Fourth Amendment (or state law, not that state law matters in federal court). United States v. Dixon, 2022 U.S. App. LEXIS 19457 (6th Cir. … Continue reading

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N.D.Ind.: Typo in SW home address was cured by picture of house

A typo in defendant’s home address was not prejudicial where there was a picture of the house included in the warrant. Thus, no ineffective assistance of counsel for not challenging it. Kassay v. United States, 2022 U.S. Dist. LEXIS 116669 … Continue reading

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CO: State can’t pile hunch on hunch to try to get to PC

“Colorado State Patrol (‘CSP’) Trooper Christian Bollen had a hunch, and then another hunch, and then another hunch. And he acted on those hunches, despite a circumstance directly undermining them.” “An officer’s hunch is insufficient to establish reasonable suspicion to … Continue reading

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D.Conn.: Handcuffing did not turn this stop into an arrest

Handcuffing did not turn this stop into an arrest. United States v. Walker, 2022 U.S. Dist. LEXIS 108170 (D.Conn. June 17, 2022).* Petitioner’s 2254 claim was based on ineffective assistance of counsel for waiver of his claim that he was … Continue reading

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CA9: Failure to deliver SW at scene of search violated Rule 41, but no suppression here

Failure to deliver the whole search warrant to defendant violated Rule 41(f)(1)(C), but it wasn’t deliberate so no suppression. United States v. Manaku, 2022 U.S. App. LEXIS 16337 (9th Cir. June 14, 2022). 2254 petitioner’s ineffective assistance of counsel for … Continue reading

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OH7: Attached affidavit made SW particular

While the search warrant wasn’t particular, it incorporated the affidavit which was. State v. Bugno, 2022-Ohio-2008, 2022 Ohio App. LEXIS 1882 (7th Dist. June 9, 2022). The emergency aid exception applies: “[T]he presence of blood on the premises, coupled with … Continue reading

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E.D.Pa.: 4A doesn’t even require SW be signed if PC was found by issuing magistrate; signing in wrong place doesn’t matter

The issuing magistrate’s failure to sign the warrant in the appropriate place is not a Fourth Amendment violation. The Fourth Amendment does not even require the search warrant be signed by the issuing magistrate as long as probable cause was … Continue reading

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W.D.Okla.: An alleged victim’s vague claim a group of men ‘were after him’ is not RS

“Applying these standards, and giving deference to all inferences Officer Nitzky could reasonably have drawn in favor of the credibility of Mr. Ingram’s complaint, the Court concludes that the detention and search of Defendant at the Denny’s on December 14, … Continue reading

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C.D.Cal. orders state court to unseal SW papers that led to federal prosecution

For some reason, the federal government and defendant do not have the state search warrant in this case after it indicted defendants. So, “The Court ORDERS the Superior Court of California, Los Angeles County to unseal state search warrant No. … Continue reading

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DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it’s granted. Defense counsel has already been given access … Continue reading

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IA: Admission of SW affidavit at trial with CI’s version violated confrontation

Admission of the search warrant affidavit here at trial with inadmissible hearsay of the CI was a violation of confrontation. State v. Martinez, 2022 Iowa App. LEXIS 410 (May 11, 2022). These search warrant materials remain sealed for one year. … Continue reading

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TX: Boilerplate in cell phone SW affidavit not unreasonable, but facts of PC must be shown too

Boilerplate language in a search warrant application for a cell phone isn’t inappropriate, but there must still be a factual showing of probable cause for search of the phone. State v. Baldwin, 2022 Tex. Crim. App. LEXIS 321 (May 11, … Continue reading

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E.D.Wis.: Admitted investigatory motive for inventory made it unreasonable

Officers had an admitted investigatory motive for stopping and searching defendant’s car. They found a reason to impound it and conduct an inventory, and that was unreasonable here. United States v. Clayton, 2022 U.S. Dist. LEXIS 80076 (E.D.Wis. May 3, … Continue reading

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OH12: Any error in SW return has no effect on search

Any error in the search warrant return does not affect the search itself. Therefore, it can’t form a basis for suppression. Defendant also disclaimed any interest in the property at the time of the search. State v. McClendon, 2022-Ohio-1441, 2022 … Continue reading

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CA6: Failure to file state SW papers with clerk not 4A violation

Failure to file the state search warrant papers with the state clerk under state law is not a Fourth Amendment violation. United States v. Baker, 2022 U.S. App. LEXIS 9315 (6th Cir. Apr. 5, 2022). The signed affidavit being incorporated … Continue reading

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NJ: Destruction of recording of telephonic SW application requires suppression

State’s destruction of recording of a telephonic warrant application for weapons in a domestic violence case leads to suppression of the search in New Jersey. The prejudice to defendant is because he can’t now challenge the search without it. State … Continue reading

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TX: Affidavit incorporated in SW had specific description and saves SW from overbreadth argument

“The issue before us is whether the particularity requirement of the Fourth Amendment is satisfied if a warrant describes the place to be searched as a fraternity house as a whole without specifying a suspect’s actual room in the house, … Continue reading

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