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CA8: Nighttime drug search justified by nighttime drug activity

By John Wesley Hall, Jr.

A violation of Nebraska's nighttime search rule is irrelevant in federal court because the search there is governed solely by the Fourth Amendment. The need for a nighttime search was shown by the affidavit for the search warrant because all the drug activity at defendant's house was during the nighttime. United States v. Howard, 2008 U.S. App. LEXIS 14731 (8th Cir. July 11, 2008)* (Comment: I had a case about ten years ago where the state punted a case to the USAO after I filed my motion to suppress, apparently quite persuasively arguing that the state nighttime search rule was violated. The federal nighttime search rule was not, and the client was convicted.)

Full post as published by Fourth Amendment on July 15, 2008 (boomark / email).