Category Archives: Warrant requirement

N.D.Ind.: Affidavit for SW doesn’t have to provide the particularity, but it can if incorporated

The search warrant here is directed at a place and it’s not required to tie a person to it, unless it aids particularity. The affidavit for the warrant does not need to be particular but the warrant itself does. The … Continue reading

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WV: Emergency order of protection was not functional equivalent of SW for entry into home

Officers with an emergency order of protection used it to enter defendant’s house and seize firearms. The protections of the Fourth Amendment and the state constitution are greater. The order was not, then, the functional equivalent of a warrant, and … Continue reading

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E.D.N.Y.: Summons to appear is not a 4A seizure

A summons to appear is not a seizure. Jianjun Li v. Village of Saddle Rock, 2021 U.S. Dist. LEXIS 60705 (E.D. N.Y. Mar. 30, 2021). New York statute that special prosecutors have to give notice to elected DAs about, inter … Continue reading

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D.Minn.: Pleading warrant process “irregularities” without showing anything prejudicial insufficient

Defendant’s perceived “irregularities” with the warrants raising “troubling and unanswered questions concerning the integrity of the warrant process” essentially invites the court to speculate where he doesn’t. The court won’t do that. United States v. Jones, 2021 U.S. Dist. LEXIS … Continue reading

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NY, Westchester Co.: NY’s Red Flag law doesn’t violate 2A, 4A, 5A, 6A, or 14A

As to the Fourth: “This Court finds that the search conducted herein pursuant to the ERPO statute was reasonable. Contrary to respondent’s assertion, the petitioner provided a sworn statement as to the basis for his belief that respondent was recently … Continue reading

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CA1: SWs are directed at places, too, and def didn’t need to be connected in the affidavit

Defendant made a Franks challenge. Removing the allegedly offending material still left probable cause. Defendant’s argument then was that the remainder still didn’t point to him, but that’s not the law: Search warrants are directed at places, too, not just … Continue reading

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CT: Police knowledge def’s cell phone was used to communicate with co-conspirators and victim was justification for seizure then SW

There were exigent circumstances for seizure of defendant’s cell phone incident to his arrest and probable cause for a search warrant to search it. The police developed information that the conspirators communicated with the victim by phone before the crime. … Continue reading

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CA3: Petition to revoke has to be based on a 4A showing of PC on oath or affirmation, and this was

The petition to revoke was based on probable cause and oath or affirmation and complied with the Fourth Amendment. United States v. Petlock, 2021 U.S. App. LEXIS 3865 (3d Cir. Feb. 11, 2021). Police responded to a suicide in progress … Continue reading

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CA3: Crashing a fleeing car here wasn’t excessive force

Crashing a fleeing car here wasn’t unreasonable as excessive force. “Here, we agree with the District Court’s determination that no reasonable juror could find that the force used by Officer Biagini was excessive. It is beyond dispute that, in the … Continue reading

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D.N.M.: M.R.E. 315 and 4A permit oral applications and search authorizations

M.R.E. 315 provides for search authorizations, and this one wasn’t an anticipatory warrant with conditions. Oral applications and authorizations are constitutionally proper per United States v. Brown, 784 F.2d 1033, 1036 (10th Cir. 1986). An Air Force regulation on the … Continue reading

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CA8: Forgetting to get SW signed for a vehicle didn’t matter where there was PC

The officer prepared an affidavit and search warrant for a vehicle search and took the paperwork to a state judge. They forgot to get the warrant signed. The search was still valid because there was probable cause to search the … Continue reading

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CO: Judicial officer who leaked info about SW he signed was censured, but only after removal from office, a federal obstruction conviction, and disbarment

The respondent former judge told a friend to avoid a certain person when a drug task force search warrant was signed by him for the target. He was federally charged and pled guilty to obstruction of justice and was disbarred … Continue reading

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W.D.Ky.: How def answered other questions during his stop was pertinent to the voluntariness of his later consent

How defendant answered other questions about his paperwork and where he was going was important to show that he understood when asked for consent on the totality of circumstances. United States v. Reyes-Martinez, 2020 U.S. Dist. LEXIS 217510 (W.D. Ky. … Continue reading

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E.D.Wis.: Clerical error in attaching wrong SW to affidavit where there were more than one for def could be corrected

A clerical error in attaching the wrong affidavit to multiple search warrants for defendant’s property could be read through and corrected. As to the probable cause, the affidavits showed it and the good faith exception would apply. United States v. … Continue reading

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OH6: File stamp time error on SW wasn’t subject to exclusionary rule

The file stamp on a search warrant was before the judge signed it. This, however, is just a clerical error, and that doesn’t void an otherwise valid warrant. The exclusionary rule shouldn’t apply to such errors. “The testimonial evidence was … Continue reading

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TX13: Legibility of issuing magistrate’s signature on SW is subject to GFE

The legibility of the signature of the issuing magistrate for a search warrant is an issue subject to the good faith exception. This court first held the illegibility was reason to suppress, but the Court of Criminal Appeals reversed. State … Continue reading

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NY: Ex ante DNA warrant process didn’t challenge PC and it was otherwise reasonable

In New York, a search warrant for corporeal evidence allows the target to contest the probable cause before issuance and execution of the warrant on reasonableness and probable cause. Here, defendant didn’t challenge the probable cause, and the warrant could … Continue reading

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CA5: Dist.Ct. erred in dismissing civil claim ptf never saw 32 pg attachment to SW

One of plaintiff’s Fourth Amendment claims was that the 32 page attachment limiting the scope of the search warrant was not attached, and he still hadn’t seen it. The district court erred in dismissing the claim without the plaintiff seeing … Continue reading

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FL1: Def didn’t show grounds for access to unredacted SW affidavit

Defendant did not make a sufficient showing to get access to the sealed portion of the affidavit for search warrant by simply saying that the information in the affidavit was likely stale. He needed to avail himself of the discovery … Continue reading

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CA7: CHA security guard not state action

A security guard employed by the Chicago Housing Authority was not a state actor. There is already precedent in this circuit. United States v. Green, 2020 U.S. App. LEXIS 29421 (7th Cir. Sept. 16, 2020). The SDNY searched defendant’s emails … Continue reading

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