Category Archives: Warrant execution

D.D.C.: Even if electronic search protocol is a const’l requirement, GFE applies

The lack of an electronics search protocol in the warrant, even if it was constitutionally required, doesn’t even have to be decided because of the good faith exception. “Okafor suggests that the Constitution might nonetheless demand that a warrant specify … Continue reading

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W.D.Pa.: Electronic devices seized in California could be searched in Pennsylvania

Electronic devices seized in California could be searched in Pennsylvania. United States v. Carter, 2024 U.S. Dist. LEXIS 168014 (W.D. Pa. Sep. 18, 2024). Under established precedent, the smell of marijuana alone coming from defendant’s car permits a search of … Continue reading

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CA6: Minor property damage from executing a SW doesn’t make it 4A unreasonable

Minor property damage from executing a search warrant does not violate the Fourth Amendment. Carnett v. Chester Cty., 2024 U.S. App. LEXIS 22720 (6th Cir. Sep. 5, 2024):

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CA6: Some reasonable property damage during an arrest is not subject to 5A takings clause

As long as the police were reasonable in their actions, some damages to an arrestee’s property is not subject to the Fifth Amendment’s takings clause. Slaybaugh v. Rutherford Cty., 2024 U.S. App. LEXIS 22277 (6th Cir. Sep. 3, 2024):

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CA11: Week’s delay in getting SW for cell phone was reasonable; def in custody and didn’t ask for it back.

The warrant for defendant’s cell phone wasn’t issued for a week, but the delay was reasonable. He was in jail with a diminished privacy interest, and he didn’t ask for it back. United States v. Watson, 2024 U.S. App. LEXIS … Continue reading

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E.D.Mich.: Without showing no PC on remainder of affidavit, Franks challenge fails

Defendant’s Franks challenge fails because he doesn’t show that the affidavit does not show probable cause on the remainder. United States v. Chappell, 2024 U.S. Dist. LEXIS 140479 (E.D. Mich. Aug. 7, 2024).* The officers apparently didn’t know that the … Continue reading

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MT: SCA grants state courts authority to issue SWs for out-of-state data

Because the internet uniformly crosses state lines, the Stored Communications Act, 18 U.S.C. § 2703(a), grants state courts additional jurisdiction over search warrants for information that is stored out of state. State v. LeVine, 2024 MT 169 (Aug. 6, 2024):

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Reason: The FBI Raided This Innocent Woman’s House. Will She Ever Get Justice?

Reason: The FBI Raided This Innocent Woman’s House. Will She Ever Get Justice? by Billy Binion (“The FBI detonated a flash grenade in the house and ripped the door from its hinges in a raid to arrest a man, Joseph … Continue reading

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Baltimore Sun: Baltimore settles lawsuit from shooting victims whose property was seized by police

Baltimore Sun: Baltimore settles lawsuit from shooting victims whose property was seized by police by Madeleine O’Neill (“The city of Baltimore has settled a federal lawsuit brought by shooting survivors who said police unlawfully confiscated their belongings without warrants, victimizing … Continue reading

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W.D.N.Y.: When police are told their arrestee isn’t in the house, they don’t have to believe it

When the police arrive for an arrest and the occupants say the guy they’re looking for isn’t there, police don’t have to credit that and just leave. Green-Page v. United States, 2024 U.S. Dist. LEXIS 134563 (W.D.N.Y. July 30, 2024)* … Continue reading

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CA8: When PC and GFE are the district court’s holding, challenging only PC on appeal means affirmed

When the district court holds that the warrant is valid both on probable cause and good faith, only challenging probable cause on appeal means that the alternative basis is sufficient to affirm. United States v. Bryant, 2024 U.S. App. LEXIS … Continue reading

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CA2: Failure to leave SW attachment at scene of search doesn’t void the search

That searching officers didn’t leave behind Attachment B to the warrant after the search didn’t void the search. United States v. Whaley, 2024 U.S. App. LEXIS 16819 (2d Cir. July 10, 2024). Collective knowledge here fails: “Based on the evidence … Continue reading

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CA7: Police officer target of a cell phone SW stated state law claim for intrusion on seclusion for searchers leaking intimate photos of her

Plaintiff was a Joliet police officer. A search warrant was issued for her phone, and she was concerned there were intimate photos of her. The city and officers get qualified immunity for the search itself, but she states a state … Continue reading

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W.D.Wis.: Jurisdictional issue in SW wasn’t enough to suppress here

In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court’s jurisdiction. Defendant disputes that this investigation was not that, but it’s close enough. Even if the officers were mistaken, the court won’t suppress an … Continue reading

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CA8: Breaking a cell phone to avoid its search and seizure justified obstruction enhancement under USSG § 3C1.1

Defendant attempting to thwart a search of cell phones in his car tried to break one such that it had to be forensically reviewed to get information off of it. He wasn’t under arrest. Still, his actions qualified for a … Continue reading

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CA2: Briefly seeing occupants of a house searched nude was not unreasonable

Under Los Angeles County v. Rettele, plaintiffs’ nude exposure to searching officers during a raid on a home wasn’t unreasonable. Jury verdict for defendants affirmed. Also, this was not a strip search. Miller v. City of N.Y., 2024 U.S. App. … Continue reading

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LAT: Misuse of SW seizure by police leads to $1m verdict

LATimes: Former CHP officer awarded $1 million over sexual material shared during overtime probe by Caroline Petrow-Cohen and James Queally (“Years after a controversial overtime fraud probe, a Los Angeles County jury has awarded a former California Highway Patrol employee … Continue reading

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CA10: State SW for place in Indian country was done in good faith and is not suppressed

A state search warrant issued by a Tulsa state judge for a place in Indian country was done in good faith at the time under McGirt and would not be suppressed. United States v. Bailey, 2024 U.S. App. LEXIS 15210 … Continue reading

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CA3: Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression

Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression. United States v. Jackson, 2024 U.S. App. LEXIS 13913 (3d Cir. June 7, 2024). The dashcam video supported the claim defendant was … Continue reading

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CA10: Eight-hour seizure of home investigating OD before getting SW was unreasonable

“After Corban Elmore’s teenage son suffered a drug overdose at Elmore’s home, law-enforcement officers secured the scene and prohibited anyone from entering the house. The officers then continued to investigate and allowed almost eight hours to elapse before applying for … Continue reading

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