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E.D.Ark.: Violation of state nighttime search rule did not require suppression in federal court

By John Wesley Hall, Jr.

Defendant won his search issue on the state law nighttime search law when being prosecuted for child sexual abuse; Kelley v. State, 371 Ark. 599, 269 S.W.3d 326 (2007); but lost in federal court in his child porn case because there is no separate federal nighttime search rule. [He was convicted on retrial and affirmed. Kelley v. State, 2009 Ark. 389, 2009 WL 1819336 (2009).] Moreover, defendant was not present at the time of the search, so he could not be prejudiced by the nighttime entry. Finally, the good faith exception sustains the search. United States v. Kelley, 2009 U.S. Dist. LEXIS 111634 (E.D. Ark. November 16, 2009): Case law is sparse as to precisely what the Fourth Amendment requires be stated in an application for a warrant for a nighttime search...continue to full post

Full post as published by Fourth Amendment on December 05, 2009 (boomark / email).