Tag Archives: Search warrant

SEARCH WARRANT BASICS: Ten (10) Questions & Answers Every Judge and Attorney Should Know. (26-10)

Dear Colleagues,

Search warrants are among the most common judicial acts in criminal law, but they are also among the easiest places for small mistakes to create significant constitutional problems.

This week’s Minnesota Judicial Training Update reviews ten search-warrant questions every judge and attorney should know, including:

  • the legal standard for probable cause,
  • the stricter statutory requirements for no-knock warrants,
  • nighttime searches,
  • who may issue and execute a warrant,
  • how modern electronic warrant applications are signed and submitted, and
  • what must be left at the scene and returned to the court after execution.

The update also includes practical reminders on issues that come up frequently in real cases:

  • confidential informants,
  • staleness,
  • out-of-county officers executing warrants,
  • the difference between telephonic and electronic warrants, and
  • the special nexus and particularity concerns that apply to phones, computers, cloud accounts, and digital extractions.

The goal is simple: to give judges, prosecutors, defense attorneys, and law enforcement officers a concise working checklist for getting search warrants right. A valid search warrant is more than a signed piece of paper. It is a constitutional safeguard, and understanding the basic rules helps everyone in the system do their job better.

I hope you find this update useful and worth sharing with colleagues who handle criminal cases, review warrant applications, or litigate search-and-seizure issues.

The link to the update is attached below.

👉 Click here for a print-ready copy of Training Update 26-10:

👉 Click here to access Update 26-10 on the Minnesota Judicial Training and Education Resource Center.


Warm regards,

Alan F. Pendleton
Of Counsel, Martine Law Firm
Director of Mentorship and Education
Former District Court Judge
alan@xmartinelaw.com

SEARCH OF CELL PHONES – LANDMARK SUPREME COURT DECISION (14-11)

search cell phoneQUESTION: After arresting a suspect, can law enforcement search the suspect’s cell phone incident to arrest without first obtaining a search warrant?

ANSWER NO! On June 25, 2014, in a landmark decision, the United States Supreme Court in Riley v. California, 573 U.S. _______ (2014), unanimously held that the search incident to arrest exception does not extend to a cell phone and that the warrantless search of digital contents of a cell phone during an arrest is unconstitutional.

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PendletonUpdate14-11