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D.Conn.: Executing one of four search warrants after 10 p.m. was not intentional disregard of Rule 41

By John Wesley Hall, Jr.

Rule 41 violations are subject to an intentional disregard rule, and defendant failed to show it here as to one of several warrants served concurrently with one after 10 p.m., the others before 10 p.m. The state officer testified that he was unware of the 10 p.m. execution rule. United States v. Deas, 2008 U.S. Dist. LEXIS 96088 (D. Conn. November 24, 2008)*: Courts have repeatedly held that suppression is rarely the proper remedy for a Rule 41 violation; only a "fundamental" violation of Rule 41, i.e. one that "renders the search unconstitutional under traditional fourth amendment standards," requires automatic suppression. United States v. Williamson, 439 F.3d 1125, 1132-33 (9th Cir. 2006) (citing United States v. Calandra, 414 U.S. 338, 348 n...continue to full post

Full post as published by Fourth Amendment on November 29, 2008 (boomark / email).