Category Archives: Warrant execution

D.Neb.: Towing a trailer to police station to execute a SW on it was reasonable

Police had probable cause that a sexual assault occurred in defendant’s trailer, so they seized it to get a search warrant. Before executing the warrant, they had it towed to a police station. Defendant was in jail and had no … Continue reading

Posted in Cell phones, Probable cause, Warrant execution | Comments Off on D.Neb.: Towing a trailer to police station to execute a SW on it was reasonable

N-M: Cell phone search authorization for one day produced 200,000 images; but still not unreasonable because of how it was done

The search authorization for defendant’s cell phone for location data and images for a particular date was supported by probable cause. The Cellebrite download included 200,000 images, far more than the day in question. While looking for the day in … Continue reading

Posted in Cell phones, Overseizure, Waiver, Warrant execution | Comments Off on N-M: Cell phone search authorization for one day produced 200,000 images; but still not unreasonable because of how it was done

S.D.Ind.: Inordinate delay in producing cell phone search discovery doesn’t justify dismissal

The government’s untimely discovery response to defendant’s repeated requests for the product of his cell phone search doesn’t warrant dismissal of the indictment. Probable cause was shown for the cell phone search, and the motion to suppress is denied. United … Continue reading

Posted in Cell phones, Franks doctrine, Probable cause, Reasonable suspicion, Warrant execution | Comments Off on S.D.Ind.: Inordinate delay in producing cell phone search discovery doesn’t justify dismissal

GA: Product of state search warrant could be analyzed by federal officers

The fact a search warrant was directed to all peace officers of the State of Georgia didn’t preclude the state from turning the evidence over to the Secret Service for forensic analysis. Oliver v. State, 2022 Ga. App. LEXIS 344 … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off on GA: Product of state search warrant could be analyzed by federal officers

Reason: This Innocent Woman’s House Was Destroyed by a SWAT Team. A Jury Says She’s Owed $60,000

Reason: This Innocent Woman’s House Was Destroyed by a SWAT Team. A Jury Says She’s Owed $60,000 by Sam Binion (“When Vicki Baker cleared out her home in McKinney, Texas, in 2020, she filled two 40-foot dumpsters with her belongings. … Continue reading

Posted in Warrant execution | Comments Off on Reason: This Innocent Woman’s House Was Destroyed by a SWAT Team. A Jury Says She’s Owed $60,000

CA3: Not plain error to fail to exclude potential prejudicial testimony about risk of violence in execution of SW

Testimony about how a search warrant was executed as it was could have prejudiced defendant by revealing the government thought he was violent before arrest. It was not, however, plain error on this record without an objection. United States v. … Continue reading

Posted in Admissibility of evidence, Good faith exception, Warrant execution | Comments Off on CA3: Not plain error to fail to exclude potential prejudicial testimony about risk of violence in execution of SW

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

Posted in Reasonable suspicion, Warrant execution, Warrant papers | Comments Off on D.Conn.: Handcuffing did not turn this stop into an arrest

S.D.Miss.: Taint team after a SW isn’t a judicial function, rejecting Baltimore Law Firm

This district court rejects, as has S.D.N.Y., the Art. III function of filter teams reviewing searches of Baltimore Law Firm. (In re Search Warrant Issued June 13, 2019 (“Baltimore Law Firm”), 942 F.3d 159, 170-71 (4th Cir. 2019)). Too much … Continue reading

Posted in Privileges, Reasonable suspicion, Warrant execution | Comments Off on S.D.Miss.: Taint team after a SW isn’t a judicial function, rejecting Baltimore Law Firm

OH4: Allegation of delay in SW execution until def was present didn’t make it unreasonable

The officers’ delay in executing the search warrant for defendant’s property until he was there so he could be searched, too, was not unreasonable. The warrant had not gone stale by the time it was executed. State v. Alexander, 2022-Ohio-1812, … Continue reading

Posted in Neutral and detached magistrate, Reasonableness, Warrant execution, Warrant requirement | Comments Off on OH4: Allegation of delay in SW execution until def was present didn’t make it unreasonable

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