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Seizure of defendant's house for seven hours to procure new SW was not unreasonable

By John Wesley Hall, Jr.

Police came with a search warrant to look on defendant's computer for child porn, and the warrant was for number 68. After they got in number 68, they found that it was not defendant's place, and there was another unit number 68A. They retreated and sought a search warrant for 68A. While they were there, they would not let defendant into his place, but defendant was not restrained and was free to leave. It took seven hours, and this was not unreasonable under McArthur. United States v. Christie, 2008 U.S. Dist. LEXIS 62393 (D. N.J. August 13, 2008). Plaintiff's claim that defendant gave false information to the police which was used by the police to get a search warrant did not state a triable claim. It was conclusory and unsupported. Ultimately, however, the real issue was the fact that the police acted on their own to get a search warrant, and this does not state a claim for relief under § 1983...continue to full post

Full post as published by Fourth Amendment on August 20, 2008 (boomark / email).