Category Archives: Warrant execution

D.D.C.: 15 mo delay in cell phone search unreasonable and not saved by GFE

The government’s 15 month delay in searching defendant’s cell phone was unjustified and was not saved by the good faith exception. United States v. Wilkins, 2021 U.S. Dist. LEXIS 89419 (D.D.C. May 11, 2021):

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N.D.Iowa: Ten day delay in getting SW for def’s car where he was in custody and investigation was ongoing was not unreasonable

There was probable cause for the search and seizure of defendant’s vehicle for evidence of a violent crime. The fact a plain view wasn’t possible at the moment of the stop doesn’t mean there wasn’t. The police department with the … Continue reading

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IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May … Continue reading

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VI: Def walking into apt being searched with SW could be searched

Defendant who walked into an apartment being searched under a warrant could be searched himself, including the grocery bag he was carrying. People v. Matthias, 2021 V.I. LEXIS 23 (Apr. 30, 2021). Defendant’s backpack in the car couldn’t be searched … Continue reading

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CA11: 24 officers raiding wrong house subject to QI

24 officers raiding the wrong house [somehow] are entitled to qualified immunity. Norris v. Hicks, 2021 U.S. App. LEXIS 13272 (11th Cir. May 5, 2021):

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Chicago Crusader: Chicago Police Watchdog Finds Nearly 100 Misconduct Allegations Related To 2019 Raid

Chicago Crusader: Chicago Police Watchdog Finds Nearly 100 Misconduct Allegations Related To 2019 Raid by Sanjana Karanth, HuffPost. The raid was on the wrong house:

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CA11: Assuming geo-location info for def’s cell phone was illegally obtained, it was harmless BRD

“We assume without deciding that the district court erred in allowing the admission of the Google geo-location data during trial because it amounted to fruit of the poisonous tree, and no exception applied. Nevertheless, Pendergrass is not entitled to a … Continue reading

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W.D.Ky.: Out past curfew during BLM protests was PC for stop

Officers seeing defendant driving during a BLM protest curfew in June 2020 in Louisville had probable cause for the stop. United States v. Shrivers, 2021 U.S. Dist. LEXIS 77047 (W.D. Ky. Apr. 21, 2021).* A CI with a reliable track … Continue reading

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M.D.Pa.: 13 month delay between seizure of 2 cell phones and their search was not unreasonable

13 month delay between seizure of two cell phones and their search was not unreasonable on the totality. United States v. Wright, 2021 U.S. Dist. LEXIS 73534 (M.D. Pa. Apr. 16, 2021):

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D.Ariz.: Def’s motion to unseal SW affidavit denied because of ongoing investigation

Defendant’s motion to unseal the affidavit for the search warrant is denied because of an ongoing investigation it would reveal and because he can’t show a lack of probable cause for the search. United States v. Calleta, 2021 U.S. Dist. … Continue reading

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OH2: SW for BAC executed in 5 hrs was “as soon as possible”

The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that’s … Continue reading

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N.-M.: Cell phone can’t be searched when it was directed to be brought to the place of SW execution

Having one’s cell phone on his person and being directed to come to the scene of the search under a military search authorization [equivalent to a search warrant] does not permit search and seizure of the phone under Summers and … Continue reading

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TX5: Lack of a timely return doesn’t warrant suppression despite mandatory language of statute

A lack of return isn’t a basis for suppression. “Although the requirements set forth in this provision of the code of criminal procedure appears to be mandatory, courts have consistently held that ministerial violations of the search warrant statutes do … Continue reading

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E.D.Wis.: Video of aftermath of execution of SW more prejudicial than relevant under Rule 403

In a civil case over a shooting of dogs during execution of a search warrant, the court rejects that the warrant was unreasonable but finds the bodycam of shooting the dogs and the aftermath irrelevant and inflammatory under Rule 403. … Continue reading

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CA9: DV victim, def’s wife, consented to search for firearms

Defendant’s wife called the police as a domestic violence victim, and she was found to have consented to a search of their garage and gun safe. She was emotional, considering what she’d been through, but consent wasn’t involuntary. She was … Continue reading

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CA8: Presenting def with DNA SW after he lawyers up wasn’t attempt to reopen interrogation

Presenting defendant with a search warrant for DNA swabs during an interrogation after he lawyered up was a statement of fact and not an attempt to get him to talk again. Thus, Miranda not violated. United States v. Zephier, 2021 … Continue reading

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S.D.N.Y.: Brady violation included govt’s review of “raw state search warrant returns” disclosed during trial

The government disclosed an exculpatory document during trial and buried in a disclosure of previously disclosed information. “Astonishingly, even in its latest filings, the Government has informed the Court of yet another failure of disclosure in this case related to … Continue reading

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CA1: Controlled buys were RS for a later stop

“Based on the previous controlled drug sales in which agents had seen Ochan participate — including the sale that day — agents had specific knowledge that Ochan sold drugs. From there, the sequence of events on the day of Tom’s … Continue reading

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SD: Inverse condemnation doesn’t lie for damage caused by execution of SW

Surveying cases from other jurisdictions, the South Dakota Supreme Court decides that inverse condemnation claims do not lie under the state’s eminent domain provision ( “[p]rivate property shall not be taken for public use, or damaged, without just compensation[.]”) for damage to … Continue reading

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IN: Cell phone seized under SW could be searched later than the deadline in the warrant

The state had the forfeiture claimant’s cell phone in hand, but didn’t actually search it within the limit of the warrant. This was reasonable, following Wolf v. State, 266 P.3d 1169, 1174 (Idaho Ct. App. 2011). Brown v. Eaton, 2021 … Continue reading

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