Category Archives: Warrant execution

ID: Calling for drug dog before RS existed extended the stop

During the traffic stop, the diversion to call for a drug dog was without reasonable suspicion and it extended the stop. State v. Still, 166 Idaho 351, 458 P.3d 220 (App. 2019), is overruled. State v. Karst, 2022 Ida. LEXIS … Continue reading

Posted in Dog sniff, Reasonable suspicion, Reasonableness, Warrant execution | Comments Off on ID: Calling for drug dog before RS existed extended the stop

W.D.N.C.: § 1983 claim officers dented a door during a raid is not a 4A violation

Claim officers denting a door during a raid is not a Fourth Amendment violation. Fulbright v. Hodges, 2022 U.S. Dist. LEXIS 85727 (W.D.N.C. May 12, 2022):

Posted in Warrant execution | Comments Off on W.D.N.C.: § 1983 claim officers dented a door during a raid is not a 4A violation

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

Posted in Admissibility of evidence, Rule 41(g) / Return of property, Warrant execution, Warrant papers | Comments Off on IA: Admission of SW affidavit at trial with CI’s version violated confrontation

CA11: Pressing key fob found during search of home to find car didn’t violate 4A

Pressing the key fob found inside during a search to locate the car outside was reasonable under the automobile exception. United States v. Fortson, 2022 U.S. App. LEXIS 11176 (11th Cir. Apr. 25, 2022). “Defendant’s constitutional rights were not violated … Continue reading

Posted in Automobile exception, Protective sweep, Warrant execution | Comments Off on CA11: Pressing key fob found during search of home to find car didn’t violate 4A

Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’

Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’ by Matthew Chapman (argument video, too):

Posted in Knock and announce, Warrant execution | Comments Off on Rawstory: ‘Outrageous’: Judges slam FBI for not breaking down rich suspect’s front door to preserve ‘aesthetics’

NC: Potential for destruction of car keys was not exigency here

Defendant had a reasonable expectation of privacy in a house he was visiting along with others late at night. When the police knocked, he answered the door, and that connoted some control over the premises. His disclaimer of ownership of … Continue reading

Posted in Cell phones, Emergency / exigency, Probable cause, Standing, Warrant execution | Comments Off on NC: Potential for destruction of car keys was not exigency here

D.Nev.: Documents a part of the SW have to be referred to and attached

“For another document to be considered part of a ‘warrant,’ it must be (1) incorporated by reference to the search warrant and (2) accompany the search warrant both when it is authorized by the judge and when the search warrant … Continue reading

Posted in Probable cause, Warrant execution, Warrant papers | Comments Off on D.Nev.: Documents a part of the SW have to be referred to and attached

D.D.C.: No RS for sniff of luggage carried by Amtrak passenger

On the whole, there wasn’t reasonable suspicion for the dog sniff of the luggage they were carrying. Moreover, the court does not find they consented to it. The court declines to credit the testimony of the officer about nervousness and … Continue reading

Posted in Cell phones, Good faith exception, Mail and packages, Warrant execution | Comments Off on D.D.C.: No RS for sniff of luggage carried by Amtrak passenger

CA9: Neighbor’s video of SWAT team arrival for search was properly excluded at trial for confusion of issues

Defendant’s neighbor recorded the SWAT team arrival and participating in the execution of the search warrant from outside the house. Defendant’s offer of the video at trial was rejected. “Permitting the jury to see that the police who were executing … Continue reading

Posted in Admissibility of evidence, Plain view, feel, smell, Warrant execution | Comments Off on CA9: Neighbor’s video of SWAT team arrival for search was properly excluded at trial for confusion of issues

D.Md.: Covid helped explain the delay in SW for cell phone search

This cell phone was reasonably seized under a warrant. The second warrant was issued a few weeks later, but, because of covid, the delay was reasonable. United States v. Reaves, 2022 U.S. Dist. LEXIS 43243 (D.Md. Mar. 9, 2022). “Defendant … Continue reading

Posted in Cell phones, Franks doctrine, Good faith exception, Warrant execution | Comments Off on D.Md.: Covid helped explain the delay in SW for cell phone search

NY Co.: Failure to execute SW in ten days voids it

The search warrant wasn’t executed within 10 days as required by statute where it had to be returned to the court if not. Suppressed. People v. Tonner, 2022 NY Slip Op 50175(U), 2022 N.Y. Misc. LEXIS 833 (N.Y. Co. Feb. … Continue reading

Posted in Prison and jail searches, Protective sweep, Strip search, Warrant execution | Comments Off on NY Co.: Failure to execute SW in ten days voids it

N.D.Ill.: Part of this search of the wrong house under a SW dismissed

The target of this search had moved, so this was the search of the wrong house. Among a host of issues, service of an alleged illegible warrant is governed by qualified immunity. It was signed by a judge. The warrant … Continue reading

Posted in Qualified immunity, Warrant execution | Comments Off on N.D.Ill.: Part of this search of the wrong house under a SW dismissed

TN: Smell of drugs during execution of SW permits detaining occupants

Based on the smell of drugs when executing a search warrant, the officers had the authority to detain the occupants. Linsey v. State, 2022 Tenn. Crim. App. LEXIS 79 (Feb. 25, 2022). Defendant’s stop was reasonable. Shots had been reported … Continue reading

Posted in Automobile exception, Plain view, feel, smell, Reasonable suspicion, Warrant execution | Comments Off on TN: Smell of drugs during execution of SW permits detaining occupants

D.Nev.: SW clearly did not authorize downloading of iPhone and iPad at the place of search; no good faith exception

The officer thought the warrant authorized downloading on the premises, but it obviously did not. This is gross negligence, and the good faith exception does not apply. Defendant wasn’t in custody and was not entitled to a Miranda warning when … Continue reading

Posted in Good faith exception, Independent source, Probable cause, Scope of search, Warrant execution | Comments Off on D.Nev.: SW clearly did not authorize downloading of iPhone and iPad at the place of search; no good faith exception

W.D.Pa.: SW for what turned out to be multiunit apts is suppressed, and no GFE

The multi-unit character of the property being searched under a warrant wasn’t immediately apparent to the officers, or so they said. The court doesn’t credit that because they knew defendant was in “apartment 3” on the third floor. Post-search follow-up … Continue reading

Posted in Good faith exception, Particularity, Reasonable suspicion, Warrant execution | Comments Off on W.D.Pa.: SW for what turned out to be multiunit apts is suppressed, and no GFE

M.D.Fla.: GFE applies to warrant execution issues

Officers had a search warrant for the premises of a house, and an outbuilding off the curtilage was searched, too. “Defendant next argues that the officers exceeded the scope of the search warrant because the converted shed was outside of … Continue reading

Posted in Good faith exception, Reasonable suspicion, Warrant execution | Comments Off on M.D.Fla.: GFE applies to warrant execution issues

SD: Refusal to submit to DUI blood draw, itself an offense, could be instructed upon without violating 4A

Where refusal to submit to a DUI blood test is the offense and statute makes refusal to submit admissible, it did not violate the Fourth Amendment to instruct the jury on refusal. State v. Nelson, 2022 SD 12, 2022 S.D. … Continue reading

Posted in Consent, Reasonable suspicion, Warrant execution | Comments Off on SD: Refusal to submit to DUI blood draw, itself an offense, could be instructed upon without violating 4A

CA7: Officers not liable for search of wrong apartment in reliance on SW description

In a § 1983 case over a search of the wrong apartment, the affidavit for the search warrant could be relied upon in good faith. The mistake was negligent at best, and it didn’t support civil liability here. The officers … Continue reading

Posted in Good faith exception, Scope of search, Warrant execution | Comments Off on CA7: Officers not liable for search of wrong apartment in reliance on SW description

CA1: GFE applies to warrant execution issues

The First Circuit makes clear that the good faith exception applies to warrant execution issues despite Leon’s statement it should not. (Not the first court to hold this.) United States v. Pimentel, 2022 U.S. App. LEXIS 4350 (1st Cir. Feb. … Continue reading

Posted in Good faith exception, Warrant execution | Comments Off on CA1: GFE applies to warrant execution issues

S.D.N.Y.: A reasonably conducted eviction is not a 4A violation

“Most eviction-type seizures do not violate the Fourth Amendment. Thomas v. Cohen, 304 F.3d 563, 574 (6th Cir. 2002) (citing Soldal v. Cook County, 506 U.S. 56, 71, 113 S. Ct. 538, 121 L. Ed. 2d 450 (1992)). Seizing an … Continue reading

Posted in Burden of pleading, Motion to suppress, Probable cause, Seizure, Warrant execution | Comments Off on S.D.N.Y.: A reasonably conducted eviction is not a 4A violation