Failure to produce a search warrant at the time of the search doesn\u2019t violate the Fourth Amendment or Rule 41. Also, the search was particular. \u201cIn our case, a San Francisco Superior Court issued the search warrant, which federal ATF agents and San Francisco police department officers executed. Mr. Jah and his adult son and daughter witnessed the search, during which police seized a firearm, ammunition, and electronic devices. Mr. Jah protests that officers failed to produce the warrant during or after the search, despite his and his daughters’ requests (Dkt No. 203). This alleged failure did not cause discovery or seizure of the gun or electronics. Whether the warrant was provided or not provided, the search itself (pursuant to the warrant) would have unfolded in exactly the same way.\u201d United States v. Jah, 2020 U.S. Dist. LEXIS 242913 (N.D. Cal. Dec. 26, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"
Failure to produce a search warrant at the time of the search doesn\u2019t violate the Fourth Amendment or Rule 41. Also, the search was particular. \u201cIn our case, a San Francisco Superior Court issued the search warrant, which federal ATF … Continue reading