Category Archives: Warrant execution

N.D.Ohio: Heroin and three guns in plain view was exigency for entry with child alone inside

Police knowing that defendant’s 12-year-old son was in the house alone with a significant quantity of heroin and three firearms all in plain view was exigency for entry. There also previous complaints to Family Services. United States v. Woodard, 2024 … Continue reading

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E.D.N.Y.: The search of def’s house started about 6:10 am; the camera time hadn’t been adjusted for DST

Defendant submitted that the search of his house started at 5:00 am. The officers and virtually all the evidence showed it started at 6:10 am. The metadata on some photographs showed 5:16 am. The court finds the camera’s time hadn’t … 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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Reason: Judge Quashes Felony Murder Charges Against Former Houston Cop Whose Lies Led to a Deadly 2019 Drug Raid

Reason: Judge Quashes Felony Murder Charges Against Former Houston Cop Whose Lies Led to a Deadly 2019 Drug Raid by Jacob Sullen (“Gerald Goines’ lawyers argued that the indictment did not adequately specify the underlying felony of tampering with a … Continue reading

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W.D.Wash.: DNA warrant isssued with PC not quashed before execution

Because there is probable cause for defendant’s DNA warrant, the court declines to quash it before execution, let alone even discuss what the standard would be to do so. United States v. Campbell, 2024 U.S. Dist. LEXIS 53075 (W.D. Wash. … Continue reading

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Redacted SW and affidavit for LR Airport Director’s house

A few lawyer friends elsewhere have asked; here’s the unsealed and redacted search warrant for the ATF raid of the Little Rock Airport Executive Director’s house that led to his death during the raid earlier this week. See ArkTimes: Illegal … Continue reading

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CA2: District court erred in suppressing a SW executed at 6 am where SW and Rule 41 say 6 am to 10 pm

This search warrant was executed at 6 am, and the district court erred in granting the motion to suppress. “While 6:00 a.m. is the earliest time provided, it cannot be said that executing a warrant in accordance with its text–which … Continue reading

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D.Kan.: Cross-designated state-federal officer was “federal officer” for assault charge during execution of SW

Assaulting a state officer cross-designated as a federal officer qualified for assaulting a federal officer during execution of a search warrant. United States v. Butler, 2024 U.S. Dist. LEXIS 36172 (D. Kan. Mar. 1, 2024). The state courts did not … Continue reading

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WA: Merely holding on to DL doesn’t make stop a detention; “context matters”

“Officer Ayers’s language would have assured a reasonable person that the officer was not making a show of authority: the officer assured Mr. Taylor he was not a suspect, but wanted to ‘get [his] name just so we have that … Continue reading

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Cal.5: Defective notice of Facebook warrant under CalECPA doesn’t require suppression

Defendant’s Facebook account was accessed by a search warrant issued under CalECPA. The notice provision was not complied with by the state, but the court declines to suppress here. The standard for suppression in CalECPA is the same as for … Continue reading

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OH2: Municipal Court can’t issue SW for out-of-state records

An Ohio municipal court does not have authority to issue a search warrant for collection of records from out of state. State v. Worthan, 2024-Ohio-21, 2024 Ohio App. LEXIS 33 (2d Dist. Jan. 5, 2024). Defendant approached the officers and … 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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Reason: This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home

Reason: This Innocent Woman Is on the Hook for Thousands After a SWAT Team Destroyed Her Home by Billy Binion (“In June of 2022, law enforcement arrived at a modest home on East Calvert Street in South Bend, Indiana. They … Continue reading

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AR: HBO film crew ride-along on drug raid doesn’t lead to suppression

An HBO film crew was doing a ride-along with the DEA and local DTF officers for the making of “Meth Storm.” Defendant raises via post-conviction that the ride-along film crew violated the Fourth Amendment and the state constitution. The court … Continue reading

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D.Haw.: State officers allegedly violating state law in warrant process or execution irrelevant under 4A

The fact state officers might have violated state law in executing the warrant wasn’t material to the Fourth Amendment reasonableness requirement. United States v. Miske, 2023 U.S. Dist. LEXIS 203981 (D. Haw. Nov. 14, 2023).* There was reasonable suspicion or … Continue reading

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CA5: After a fire at def’s trailer, his false statements as to his whereabouts added to PC for SW for cell phone

Defendant lived at a trailer that burned, and a body was found inside. After it was determined that he gave false information about his whereabouts that day, state officers got a search warrant for his cell phone and location information. … Continue reading

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D.Minn.: There is no duty under Brady for officers executing a SW to seize exculpatory evidence, too

The government executed a search warrant for emails on defendant’s computer. The searching officers have no duty to seize exculpatory information when they execute the warrant. “All Brady requires is that if the prosecution seized those emails, it turn over … Continue reading

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CA4: No absolute immunity for a judge involved in search of ex’s property over their divorce

“We consider in this appeal whether a judge who participates in the search of a litigant’s home is entitled to judicial immunity for actions related to the search. Judge Louise Goldston went to Matthew Gibson’s residence to look for items … Continue reading

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D.D.C.: Telling def the SW for his phone required his passcode was unreasonable because it didn’t

Defendant was in U.S. diplomatic service in Mexico, and he was accused of sex with drugged women there. Proof was ultimately found on his phone with a search warrant on his return to the U.S. Officers returned to his hotel … Continue reading

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WI: Forensic search of electronics two months after seizure didn’t violate state statute on execution of SW

A search warrant was timely “executed” when the electronic device was seized within five days per the warrant and state law, even though the forensic search didn’t take place for two more months. “[W]e emphasize that in this appeal Drachenberg … Continue reading

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