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DE: Showing for nighttime search warrant failed; degradation of evidence in abstract not enough

By John Wesley Hall, Jr.

Nighttime search warrant failed because of failure to show any specifics of why there was exigency for the nighttime entry. The mere chance of “degradation of evidence” is not enough. State v. White, 2010 Del. Super. LEXIS 27 (February 2, 2010): Here, the only facts contained in the affidavit that suggest exigent circumstances are the location to be searched, a motel room, and the affiant's cursory statement that he is aware of the "possibility of degradation of evidence, particularly blood and biological evidence." The affidavit is most striking for all the information it does not contain, much of which could have supported exigent circumstances justifying a nighttime warrant. For example, nowhere in the affidavit does the affiant tell the magistrate: [much of anything].continue to full post

Full post as published by Fourth Amendment on February 07, 2010 (boomark / email).