Daily Archives: January 17, 2025

D.P.R.: State nighttime search rule on state warrant inapplicable in federal court

The fact a state nighttime search warrant doesn’t comply with state law doesn’t matter in federal court. It’s whether Rule 41 and the Fourth Amendment were complied with. Then, the defendant has to show prejudice. Also, the fact defendant had … Continue reading

Posted in Custody, Issue preclusion, Reasonableness, Seizure | Comments Off on D.P.R.: State nighttime search rule on state warrant inapplicable in federal court