Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

E.D. N.Y.: Officer did not have to read warrant to be aware of and comply with it

By John Wesley Hall, Jr.

Officer who was generally aware of a search warrant's terms but did not have it in hand complied with the Fourth Amendment under Groh. United States v. Brown, 2009 U.S. Dist. LEXIS 7777 (E.D. N.Y. February 3, 2009): Beyond merely complying with the four core warrant requirements of the Fourth Amendment, the undisputed credible facts establish that the execution of the warrant substantially complied with the procedural restrictions contained in the body of the warrant itself: the warrant was executed in the daytime, within ten days of its issuance, by officers of the NYPD. Although the warrant authorized the officers to enter Apartment 2A without previously announcing their authority (a "no-knock" warrant), Captain McGinn was unaware of this term...continue to full post

Full post as published by Fourth Amendment on February 06, 2009 (boomark / email).