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Article • August 1, 2025 • from CLN August, 2025
Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant by Anthony Accurso The United States Court of Appeals for the Ninth Circuit overturned the U.S. District Court for the Western District of Washington’s denial of a defendant’s motion …
Delaware Supreme Court: Warrant That Authorized Search of ‘Any and All’ Data of Named Files on Cellphone Is Invalid General Warrant That Also Failed to Include Temporal Limitation by Douglas Ankney by Douglas Ankney   The Supreme Court of Delaware ruled that a warrant authorizing a search and seizure of …
Article • December 15, 2023 • from CLN December, 2023
Seventh Circuit Announces Procedures for Addressing ‘Facially Questionable Warrant’ Due to ‘Material Handwritten Alterations’ Unsigned or Initialed by Issuing Judge by Richard Resch by Richard Resch In a case involving an issue of first impression, the U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court …
Article • November 15, 2020 • from CLN December, 2020
Federal Judges Beginning to Reject Geofence Warrants by Anthony Accurso by Anthony Accurso Geofence warrants have become a common way for law enforcement to link a crime to a suspect using data gathered from smartphones. However, this process is legally dubious, and two federal judges from the district court in …
Article • March 18, 2020 • from CLN April, 2020
Warrant Gives Police Access to DNA Database by Jayson Hawkins by Jayson Hawkins  Advances in DNA technology over recent years have enabled people to discover genetic predispositions, reconstruct family trees, and track down lost relatives. Nearly 30 million users have uploaded their profiles to DNA sites in hopes of reconnecting …
Article • March 18, 2020 • from CLN April, 2020
New Orleans Sheriff’s Office Tracked Cellphones Absent Warrants by Chad Marks by Chad Marks Securus Technologies, one of the leading providers of phone-messaging services for correctional facilities, reportedly captured thousands of coordinates showing cellphone locations for clients absent a warrant. Through Securus, both Jefferson and Orleans Parish sheriff’s offices were …
Article • February 18, 2020 • from CLN March, 2020
Filed under: Search warrants
Hawai’i Supreme Court Rules Search Warrant Failed to Satisfy the Particularity Requirement for Multiple-Occupancy Dwellings by Douglas Ankney by Douglas Ankney The Supreme Court of Hawai’i agreed with a circuit court’s finding that a search warrant failed to satisfy the particularity requirement of article I, § 7 of the Hawai’i …
Article • January 21, 2020 • from CLN February, 2020
Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy by Douglas Ankney by Douglas Ankney The Supreme Court of Washington affirmed the warrantless search of Bisir Bilal Muhammad’s real-time cell-site location information (“CSLI”) based …
Article • January 19, 2020 • from CLN February, 2020
Filed under: Search warrants
California Supreme Court Overturns Its Warrantless Identification Search Precedent by Dale Chappell by Dale Chappell The Supreme Court of California overturned its previous ruling that had allowed police to search a person’s vehicle for identification as an exception to the warrant requirement under the Fourth Amendment. The case came before …
Article • August 21, 2019 • from CLN September, 2019
Filed under: Searches, Search warrants
Tennessee Supreme Court Holds Judge Lacks Authority to Sign Search Warrant for Property Outside Court’s Jurisdiction by Dale Chappell by Dale Chappell The Supreme Court of Tennessee affirmed the tossing of evidence against nearly 100 defendants, after the Court agreed with the lower courts and held that a judge cannot …
Article • June 17, 2019 • from CLN July, 2019
Oregon Supreme Court: State Constitution Requires Warrant to Specify When Internet Searches Occurred by Mark Wilson by Mark Wilson The Supreme Court of Oregon ruled that the Oregon Constitution requires that a warrant to seize and search a computer (and other digital devices) identify the information to be searched for, …
Article • May 15, 2019 • from CLN June, 2019
Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed by Dale Chappell by Dale Chappell  A Dallas County, Texas, judge who cops said would sign a blank warrant allowing them to do whatever they wanted was called into question by the District Attorney’s Office, which chose to drop the issue. …
Article • May 15, 2019 • from CLN June, 2019
Filed under: Searches, Search warrants
Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court by Douglas Ankney by Douglas Ankney In a case of first impression for the Supreme Court of Georgia, it held that an unreasonable delay in obtaining a search warrant after items were lawfully …
NACDL Fourth Amendment Center Compelled Decryption Primer, 2019 Reprinted With Permission from the National Association of Criminal Defense Lawyers, 2019. To download the original PDF of this primer, please visit www.nacdl.org/fourthamendment Compelled Decryption Primer The Supreme Court recognized in Riley v. California that cell phones The majority of Americans now …
Article • April 12, 2019 • from CLN May, 2019
In Washington State, a Man’s Home Is No Longer His Castle by Edward Lyon by Ed Lyon  Most Americans are familiar with the Fourth Amendment of the U.S. Constitution, which guarantees them security in their persons and homes from unreasonable searches and seizures. Perhaps this is where the axiom that …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Evidence, Search warrants
Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a 31-day delay in obtaining a search warrant after seizing a defendant’s cellphone, without reasonable justification, violates the Fourth Amendment and …
Article • April 12, 2019 • from CLN May, 2019
Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood …
Article • March 16, 2019 • from CLN April, 2019
Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence by David Reutter by David Reutter The U.S. Court of Appeals for the Fourth Circuit affirmed the suppression of evidence obtained while executing a search warrant based on the discovery …
Article • February 18, 2019
Texas no-knock raid proves deadly; no drugs found by Kevin Bliss by Kevin Bliss The Houston Police Department (“HPD”) conducted a no-knock search at the home of Dennis Tuttle and Rhogena Nicholas early this year. Heroin was allegedly being sold out of the home and the owners reportedly possessed a weapons’ stash. …
Article • February 14, 2019 • from CLN March, 2019
Filed under: Search warrants
Eighth Circuit Rules Search Warrant Based on Affidavit That Failed to Link Target to Criminal Activity Lacked Probable Cause, Not Saved by Good-Faith Exception by David Reutter by David Reutter The U.S. Court of Appeals for the Eighth Circuit held that two state court warrants to place a GPS tracker …
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