Category Archives: Warrant requirement

N.D.Ind.: Typo in SW home address was cured by picture of house

A typo in defendant’s home address was not prejudicial where there was a picture of the house included in the warrant. Thus, no ineffective assistance of counsel for not challenging it. Kassay v. United States, 2022 U.S. Dist. LEXIS 116669 … Continue reading

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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

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N.D.Ind.: Typo in title of SW of no consequence at all

The fact the search warrant had a typo and was called “search warrant affidavit” is of no moment. It was obviously the warrant. The affidavit also showed plenty of probable cause. Boddie v. Morales, 2022 U.S. Dist. LEXIS 29509 (N.D.Ind. … Continue reading

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CA7: “Police officers owe judges candor when seeking search warrants.”

“Police officers owe judges candor when seeking search warrants.” This officer’s wrong guess as to the place to be searched for a search warrant exposed the officer to liability. Taylor v. Hughes, 2022 U.S. App. LEXIS 4276 (7th Cir. Feb. … Continue reading

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IN: Even with a typo in the address of the place to be searched in the warrant, the correct otherwise particularly described place was searched

The address on the search warrant was wrong, but the physical description for defendant’s place was different than place with the wrong address. Defendant’s place was the target and it was searched under the warrant. The search warrant was sufficiently … Continue reading

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OH: Lack of judge’s signature on actual arrest warrant not fatal where judge signed off on complaint; GFE also applies

The absence of the judge’s signature on an arrest warrant was not fatal where the affidavit for probable cause sworn by the witness was attested to by the judge and attached. The good faith exception also applies. (Finally, the state’s … Continue reading

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N.D.Ga.: Failure to record videoconference SW application under state law not 4A violation

Georgia has allowed video conferencing search warrant application for years. The statute requires a recording, but the federal courts have never held that a failure to record violates the Fourth Amendment when a state search warrant ends up in federal … Continue reading

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NY4: Minor typos in SW application don’t void the warrant

“We reject defendant’s contention that the search warrant for his cell phones was issued without probable cause. According ‘great deference to the issuing [Justice]’ …, we conclude that Supreme Court properly determined that there was sufficient information in the warrant … Continue reading

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OR: When defense raises lack of oath or affirmation for SW, burden is on state to prove SW was properly issued

When the defense challenges the validity of the warrant for lack of oath or affirmation, that’s tantamount to a warrantless search allegation, so the court concludes the burden should be on the state to go forward. State v. Perrodin, 315 … Continue reading

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D.Vt.: Affidavit for arrest warrant shows PC for some crime; alleged technical problems don’t matter

There was probable cause for defendant’s arrest for second degree murder. The affidavit need only show probable cause for some crime, and technical deficiencies don’t matter. United States v. Felix, 2021 U.S. Dist. LEXIS 188274 (D.Vt. Sept. 30, 2021):

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SC authorizes video or phone oath and presentation of SW affidavits

Remote communication technology has been used for court proceedings under Covid. It is expressly authorized for many other proceedings, including issuance of search warrants. The swearing of the affiant can be remote. Use of Remote Communications Technology, 2021 S.C. LEXIS … Continue reading

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TX9: Court clerk can swear officer for SW application

The affidavit for search warrant does not have to be sworn to before the issuing magistrate under Texas law. A clerk will do. Fender v. State, 2021 Tex. App. LEXIS 6605 (Tex. App. – Beaumont Aug. 9, 2021). No reasonable … Continue reading

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NC: Complete failure of SW affidavit to show or infer time voided it

The search warrant’s affidavit complete failure to specify the time couldn’t even be inferred from the totality, so the search warrant failed to show probable cause for issuance. State v. Logan, 2021-NCCOA-311, 2021 N.C. App. LEXIS 327 (July 6, 2021). … Continue reading

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W.D.Ark.: Govt motion for voice exemplar granted

A blast from the past not seen in the case law in years: Defendant has no reasonable expectation of privacy in not providing a voice examplar on the government’s motion. United States v. McClain, 2021 U.S. Dist. LEXIS 124835 (W.D. … Continue reading

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D.Vt.: CP SW doesn’t need a temporal limitation

A search warrant for child pornography doesn’t really need a temporal limitation, considering the nature of what’s sought. United States v. Johnson, 2021 U.S. Dist. LEXIS 122802 (D. Vt. June 29, 2021):

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D.Conn.: Unreasonable delay in getting SW for cell phone defeats GFE

Where the officers impermissibly delayed obtaining a search warrant for defendant’s cell phone, the good faith exception does not apply. The initial seizure of the phone was valid because it was left at a crime scene. United States v. Tisdol, … Continue reading

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MD: Tracking “court order” didn’t need to be called a “warrant” to be one

A “court order” for tracking defendant’s vehicle satisfied the warrant requirement, and it didn’t have to be called a search warrant. It was issued with probable cause, and the good faith exception applied. Whittington v. State, 2021 Md. LEXIS 255 … Continue reading

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E.D.Mich.: Even with redactions, SW affidavit shows PC

Redacted search warrant application showed probable cause even with redactions. United States v. Rivers, 2021 U.S. Dist. LEXIS 104195 (E.D. Mich. June 3, 2021). The officer had called for a tow truck for defendant’s car and an inventory was inevitable, … Continue reading

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CA6: Detention with handcuffing on RS permitted putting def in police car

There was reasonable suspicion for defendant’s detention, including putting him in a police car while they sorted it out. That was not yet an arrest. United States v. Rogers, 2021 U.S. App. LEXIS 16160 (6th Cir. May 27, 2021). The … Continue reading

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S.D.N.Y.: No precharge right of access to SW materials while investigation ongoing

The target of a search (here Rudy Giuliani) doesn’t have a precharge right of access to the materials where the investigation is ongoing. In re Search Warrants Executed on April 28, 2021, 2021 U.S. Dist. LEXIS 101348 (S.D. N.Y. May … Continue reading

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