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S.D.Ala.: Failure to include one attachment when serving warrant not a Fourth Amendment violation

By John Wesley Hall, Jr.

Where all three attachments to the application for a search warrant were presented the USMJ, the fact one was not attached to the warrant when it was served is not a Fourth Amendment violation under Groh. In re Premises Located at 200 N. Main St. Atmore, Alabama, 2010 U.S. Dist. LEXIS 97239 (S.D. Ala. August 19, 2010): In this case, the Government has produced uncontroverted evidence that the search warrant application and the warrant that were presented to the undersigned Magistrate Judge included “attachment A,” which described the items to be seized. In addition, both the search warrant application and the warrant expressly referenced and incorporated “attachment A.” Accordingly, there is no question about whether the three warrants in issue were validly issued...continue to full post

Full post as published by Fourth Amendment on September 19, 2010 (boomark / email).