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Defendant's lawful seizure pending issuance of a search warrant for his premises was not unduly long so as to be unreasonable

By John Wesley Hall, Jr.

Defendant was seized, but his person was not searched until a search warrant for his premises was issued. The fact it was about an hour and twenty minutes did not make the detention unreasonable. United States v. Evans, 2008 U.S. Dist. LEXIS 37453 (E.D. Ky. May 7, 2008).* The search warrant in this case did not violate Franks. Defendant made the “substantial preliminary showing” and got his hearing, but he did not show that the officer’s affidavit was in reckless disregard for the truth. United States v. Dempsey, 2008 U.S. Dist. LEXIS 37555 (D. Del. May 8, 2008).*

Full post as published by Fourth Amendment on May 11, 2008 (boomark / email).