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Failure to deliver warrant when search starts is not a Fourth Amendment violation

By John Wesley Hall, Jr.

There is no Fourth Amendment violation in a technical violation of Rule 41(d) that the warrant be delivered to the target at the time of the search. United States v. Sherrer, 2008 U.S. Dist. LEXIS 39360 (D. Ore. May 13, 2008).* Affidavit for search warrant showed probable cause for child porn based on statements the defendant made to the informant of his preference for young girls. The affidavit was not stale because child porn tends to be kept. and, it is likely that child porn will be kept at home. United States v. Potts, 2008 U.S. Dist. LEXIS 39170 (D. Kan. May 13, 2008).* Defendant's furtive conduct when approached by a police officer was suspicious. Defendant got out of his car and locked it with the remote. The officer looked in the car and saw a syringe and aluminum file for cooking drugs...continue to full post

Full post as published by Fourth Amendment on May 19, 2008 (boomark / email).