Category Archives: Neutral and detached magistrate

W.D.Wis.: Jurisdictional issue in SW wasn’t enough to suppress here

In a domestic terrorism investigation, USMJs have the authority to issue search warrants outside their court’s jurisdiction. Defendant disputes that this investigation was not that, but it’s close enough. Even if the officers were mistaken, the court won’t suppress an … Continue reading

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CA4: Officers with arrest warrant for def could enter yard of property they knew he was visiting to arrest him; plain view sustained

Defendant was a social visitor, not a business visitor, and his standing is more like Olson than Carter. The district court erred in finding no standing. On the merits, however, he loses on a ground fully litigated but not decided … Continue reading

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GA: Even if judge lacked out-of-state jurisdiction for a social media SW, it was relied on in good faith

Even if the judge signing the Kik warrant wasn’t the right one, the warrant was still executed in good faith. Zayac v. State, 2024 Ga. App. LEXIS 271 (June 27, 2024). The officer in a shooting case gets qualified immunity … Continue reading

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D.D.C.: Judge shopping after denial of SW inappropriate; could have appealed to DJ

The government having been turned down for a search warrant in the Central District of California for a cell phone of a prospective January 6th defendant, one alleged to be the third phone since then, for lack of showing likelihood … Continue reading

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M.D.Ala.: The validity of the appointment of a special judge for 180 days does not matter under the good faith exception

A specially appointed circuit judge for 180 days signed a search warrant during his tenure. The legality of the appointment doesn’t matter because the good faith exception applies to execution of the warrant. United States v. Broaden, 2024 U.S. Dist. … Continue reading

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CA9: Even if 5th and 6th shots into decedent’s body were unreasonable, the officer gets QI

Even if the jury could conclude that the fifth and sixth shots into decedent’s body were unreasonable, the officer was entitled to qualified immunity because decedent was trying to get up and there’s no clearly established law. Est. of Hernandez … Continue reading

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W.D.Ky.: Boilerplate in affidavit doesn’t matter if the critical facts show PC

Boilerplate information in the affidavit for warrant doesn’t matter as long as the critical facts show probable cause, and here they did. There were five facts supporting probable cause. United States v. Morton, 2024 U.S. Dist. LEXIS 7580 (W.D. Ky. … Continue reading

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CA4: No absolute immunity for a judge involved in search of ex’s property over their divorce

“We consider in this appeal whether a judge who participates in the search of a litigant’s home is entitled to judicial immunity for actions related to the search. Judge Louise Goldston went to Matthew Gibson’s residence to look for items … Continue reading

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CA6: State issuing magistrate’s failure to transcribe supplemental information for PC was not enough to suppress

The affidavit and supplementing testimony provided substantial probable cause for issuance of the warrant. State law requires any testimony supplementing a search warrant affidavit be preserved and transcribed. The state issuing magistrate failed. The officer, however, acted in good faith, … Continue reading

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D.Nev.: Ability to manage day-to-day operations doesn’t give standing over whole business space

(1) “Accordingly, although Defendant had the discretion to manage the day-to-day operation of LLB, the Court finds he did not actually manage the day-to-day operations of the business.” “In this context, ownership of premises alone does not automatically confer standing. … Continue reading

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OH4: No bar to judge who issued SW also hearing suppression motion

There is no due process or judicial ethics restriction on a suppression hearing judge hearing the validity of the warrant he or she issued. State v. Taylor, 2023-Ohio-2995, 2023 Ohio App. LEXIS 2982 n.1 (4th Dist. Aug. 22, 2023):

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Forbes: Will The Judge Who Let Police Raid A Small Kansas Newspaper Be Held Accountable?

Forbes: Will The Judge Who Let Police Raid A Small Kansas Newspaper Be Held Accountable? by Andrew Wimer:

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DE: SW issuing magistrate not barred from hearing suppression motion

The suppression hearing judge is not disqualified just because he or she considered the affidavit and issued the search warrant. Willis v. State, 2023 Del. LEXIS 238 (July 24, 2023). Setting inaccuracies in the search warrant affidavit aside, there was … Continue reading

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CA11: Magistrate who came to the scene to sign SW was still neutral and detached

The issuing magistrate was still neutral and detached. He came to the location of the search to assist in getting the warrant issued, but he stayed away from the building and signed the paperwork. He did not get involved or … Continue reading

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CA8: SW issuing judge not “neutral and detached” just because he didn’t ask questions

A search warrant in Killeen, Texas was issued to look for evidence of a Hobbs Act murder in Lincoln, Nebraska. The affidavit combined information from Texas and Nebraska. There was potential confusion as to whose information was whose but it … Continue reading

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M.D.Fla.: The fact a USMJ issued SW doesn’t preclude that judge from hearing a motion to suppress

The fact a USMJ issued a search warrant doesn’t preclude that judge from hearing a motion to suppress. United States v. Silva, 2022 U.S. Dist. LEXIS 233243 (M.D. Fla. Dec. 29, 2022). State court’s finding of procedural default on Fourth … Continue reading

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M.D.Fla.: 14 years of emails in a complicated tax fraud scheme wasn’t overbroad

Fourteen years worth of emails wasn’t overbroad here. “The case involves a complex tax evasion scheme taking place over many years and across international borders. A wide variety of documents would be relevant to prove this scheme. The warrant in … Continue reading

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CA10: State SW issued for DNA in Indian country was still in good faith

A state search warrant for defendant’s DNA for an offense in Indian Country was relied upon in good faith, despite defendant’s contention the warrant was issued by an issuing authority outside the jurisdiction. McGirt doesn’t change this. United States v. … Continue reading

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MD: Appointment of state trial judges not 4A violation; they have statewide jurisdiction for SWs

Maryland trial judges have statewide jurisdiction for search warrants. Thus, the assignment of judges in Baltimore by the Chief Judge of the state high court violated nothing under the Fourth Amendment. (Without citing Virginia v. Moore. And, even if it … Continue reading

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D.D.C.: DC USMJ can issue SW for iPhone in Texas in domestic terrorism investigation

A USMJ in the District of Columbia has authority to issue a search warrant for an iPhone in Texas in a domestic terrorism investigation tied to the January 6th attack on the Capitol. In the Matter of the Search of … Continue reading

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