Category Archives: Warrant execution

S.D.N.Y.: Late return of SW materials in discovery wasn’t at all prejudicial

The return of the search warrant materials was late, but defendant shows no prejudice, and he had them in discovery. United States v. Lesane, 2021 U.S. Dist. LEXIS 137777 (S.D.N.Y. July 23, 2021). Defendant’s discovery claim that the government must … Continue reading

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TN: AT&T’s requirement cell phone record SWs go through FL office doesn’t deprive court of jurisdiction

The fact AT&T wants cell phone search warrant for a Tennessee cell phone to be served at West Palm Beach, Florida for its convenience does not make the warrant without jurisdiction. The digital information could be accessed from anywhere, but … Continue reading

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CA9: Ptf stated claim for unnecessary destruction of home in executing SW

Plaintiff stated a claim for unnecessary destruction of his home by police in executing a search warrant. Denby v. Engstrom, 2021 U.S. App. LEXIS 20397 (9th Cir. July 9, 2021):

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TX3: Def doesn’t get art. 38.23 jury instruction on RS

Because a jury would never understand the question of law in reasonable suspicion, a Texas defendant doesn’t get an art. 38.23 jury instruction on it. “Appellant’s second alleged disputed fact concerns the existence or nonexistence of reasonable suspicion and probable … Continue reading

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NY2: Date typo in drug field test report after search wasn’t material

Defendant’s motion to suppress was properly denied by the trial court. Defendant’s reliance on when a field test of the product of the search showed only a typographical error as to the date it was done and doesn’t undermine the … Continue reading

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E.D.Cal.: SW for single family dwelling valid even if there’s a renter living inside

A search warrant for what’s ostensibly a single family dwelling is sufficient to search the entire building, despite the fact that it turned out that there was a renter in one room. The good faith exception applies, too. United States … Continue reading

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W.D.N.Y.: One has to show standing to get access to SW materials

Defendant has to show his standing to get access to the search warrant application under United States v. Pirk, 282 F. Supp. 3d 585, 594 (W.D.N.Y. 2017). United States v. Cobb, 2021 U.S. Dist. LEXIS 114405 (W.D. N.Y. June 18, … Continue reading

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Reason: Michigan Cops Raided a Home, Damaged the House, and Held a Family at Gunpoint. It Was the Wrong Address.

Reason: Michigan Cops Raided a Home, Damaged the House, and Held a Family at Gunpoint. It Was the Wrong Address. (“Accountability  is unlikely.”)

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Forbes: Cop Who Led Accidental No-Knock Raid Against 78-Year-Old Grandfather Can’t Be Sued, Court Rules

Forbes: Cop Who Led Accidental No-Knock Raid Against 78-Year-Old Grandfather Can’t Be Sued, Court Rules by Nick Sibilla (“It was a police raid John Oliver called ‘almost cartoonishly idiotic.’ Looking to apprehend a violent drug dealer at his home in … Continue reading

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HPM: Former Houston Police Officer Pleads Guilty To Falsifying Records In Harding Street Raid Case

Houston Public Media: Former Houston Police Officer Pleads Guilty To Falsifying Records In Harding Street Raid Case by Lucio Vasquez (“Steven Bryant is the first officer to be convicted in the wake of the raid.”)

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CA8: Visitor’s property could be searched under warrant for host’s place on RS they were involved in drugs, too

Defendant was a visitor at a friend’s house when the house was searched under a warrant for drugs. She was on the couch with a meth pipe next to her, so it was reasonable to search her lockbox under the … Continue reading

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N.D.Ga.: Two year delay in searching seized cell phone not unreasonable

Defendant’s cell phone was seized in April 2017 but not finally searched until April 2019. This was still reasonable under Rule 41. United States v. Dixon, 2021 U.S. Dist. LEXIS 95041 (N.D. Ga. Apr. 15, 2021):

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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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