Category Archives: Warrant requirement

CA5: A complete investigation before a SW application is sought isn’t required

A search warrant application isn’t defective because the officers didn’t do a more complete investigation. The constitution doesn’t require that. Miller v. Salvaggio, 2024 U.S. App. LEXIS 31833 (5th Cir. Dec. 16, 2024):

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OH12: No reason why a federal search warrant can’t result in a state prosecution

A federal search warrant produced the drugs in question, and they were not inadmissible for that reason in a state prosecution. State v. Hana, 2024-Ohio-5548, 2024 Ohio App. LEXIS 4234 (12th Dist. Nov. 25, 2024). The trial court found that … Continue reading

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D.Alaska: Unsigned SW affidavit still in GF where officer was sworn

The affidavit for warrant was unsigned by the officer but he had been sworn before the warrant issued. The good faith exception saves this search. United States v. Hampton, 2024 U.S. Dist. LEXIS 200326 (D. Alaska Nov. 4, 2024) Defendant’s … Continue reading

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YouTube: What is the warrant requirement?

What is the warrant requirement? — YouTube from the National Constitution Center with Orin S. Kerr

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N.D.Cal.: SW affidavit need only “tend to show” a violation of law for a SW to issue

Defendant posted anonymously about killing libtards and their children (“parasites”) and “black robed despots” (judges), and he was a San Jose police officer. Officers knew he had nine guns. Officers got a search warrant for his computer to link him … Continue reading

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OH2: Municipal Court can’t issue SW for out-of-state records

An Ohio municipal court does not have authority to issue a search warrant for collection of records from out of state. State v. Worthan, 2024-Ohio-21, 2024 Ohio App. LEXIS 33 (2d Dist. Jan. 5, 2024). Defendant approached the officers and … Continue reading

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CA11: Mere fact of a firearm in the home wasn’t exigency here

“Although Officer Plesnik now arrived with the knowledge that there was a firearm on site, the mere presence of a firearm—without more—did not transform the non-exigent scene into an exigent circumstance and trigger the emergency aid exception. Indeed, by the … Continue reading

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CA7: Target of SW doesn’t have to be suspected of crime

A target of a search warrant does not have to be suspected of a crime. A holder of “mere evidence” can be subjected to a search warrant. United States v. Roland, 2023 U.S. App. LEXIS 4987 (7th Cir. Mar. 1, … Continue reading

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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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