Category Archives: Warrant execution

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):

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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W.D.Va.: Def’s resisting execution of a SW was a factor in finding dangerousness to deny release pending trial

Defendant’s resisting his arrest, including a search warrant, was a factor in denying release pending trial. United States v. Wagoner, 2022 U.S. Dist. LEXIS 25232 (W.D.Va. Feb. 11, 2022). Questions of fact exist on whether plaintiff’s forced digital rectal exam … Continue reading

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AP: Man whose home was bombed by police holds off on rebuilding

AP: Man whose home was bombed by police holds off on rebuilding:

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HI: When valid SW executed, no 5A taking involved

When a valid search warrant is executed, there is no Fifth Amendment taking. Young v. Haw. Island Humane Soc’y S.P.C.A., 2022 Haw. App. LEXIS 21 (Feb. 9, 2022) (unpublished). “Here, the totality of the circumstances then appearing to the officers … Continue reading

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D.Idaho: USMs at EPA execution of administrative SW not unreasonable

The presence of U.S. Marshals helping execute an EPA administrative warrant did not make the search unreasonable. Ace Black Ranches v. United States EPA, 2022 U.S. Dist. LEXIS 22284 (D.Idaho Feb. 4, 2022). Decedent’s shooting during an apparent child kidnapping … Continue reading

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