{"id":62839,"date":"2026-01-18T14:49:09","date_gmt":"2026-01-18T19:49:09","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62839"},"modified":"2026-01-18T14:49:09","modified_gmt":"2026-01-18T19:49:09","slug":"ny-queens-sw-issuing-court-can-narrow-time-to-execute-to-avoid-children-at-home","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62839","title":{"rendered":"NY Queens: SW issuing court can narrow time to execute to avoid children at home"},"content":{"rendered":"\n<p>The court was asked to issue a search warrant for execution 6 am to 9 pm. The court required 9-2 so children won\u2019t be around. The officer agreed, the ADA did not. This explains why that\u2019s a reasonable restriction. <a href=\"https:\/\/www.nycourts.gov\/reporter\/3dseries\/2026\/2026_50027.htm\">Matter of Application for a Search Warrant<\/a>, 2026 NY Slip Op 50027(U), 2026 N.Y. Misc. LEXIS 46 (Queens Co. Jan. 12, 2026).<\/p>\n\n\n\n<p>Defendant was stopped for a traffic violation in a high crime area. Officers asked if he was armed and he said he was. Further computer inquiries showed he was a felon. That reasonably led to a search of the car. United States v. Claybon, 2025 U.S. Dist. LEXIS 271021 (E.D. Mo. Nov. 25, 2025).*<\/p>\n\n\n\n<p>Things seized by officers under a search warrant, other than stolen property, can be subject to forfeiture under state law. Commonwealth v. Ivarson, 2026 Mass. App. LEXIS 6 (Jan. 16, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The court was asked to issue a search warrant for execution 6 am to 9 pm. The court required 9-2 so children won\u2019t be around. The officer agreed, the ADA did not. This explains why that\u2019s a reasonable restriction. Matter &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62839\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[72,35,16],"tags":[],"class_list":["post-62839","post","type-post","status-publish","format-standard","hentry","category-forfeiture","category-reasonable-suspicion","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62839","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=62839"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62839\/revisions"}],"predecessor-version":[{"id":62840,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62839\/revisions\/62840"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62839"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62839"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62839"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}