Tag Archives: Search Warrants

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 WARRANTS: Answers to 12 Core Questions Every Judge and Attorney Should Know (20-05)

The search warrant requirement delineated in the 4th amendment of the United States Constitution is one of our most sacred constitutional rights.

This Training Update provides answers to the following 12 core search warrant questions:

  1. What is the legal standard for issuing a search warrant?
  2. What is the standard for issuing a “no knock” warrant?
  3. What is the standard for authorizing a “nighttime search”?
  4. What kind of peace officer can execute a search warrant?
  5. What type of crime must be involved for a search warrant?
  6. Who has jurisdiction to issue a search warrant?
  7. Who must sign the application for a search warrant?
  8. Who does the judge actually issue the search warrant to?
  9. Once a search warrant is issued how quickly must it be executed?
  10. When executed who gets copies of the search warrant?
  11. Once executed what must be returned to the issuing court?
  12. What is the standard for obtaining a telephonic search warrant?

For a print ready copy of this search warrant update click here

Missouri v. McNeely and Telephonic Search Warrants – 7 Steps (13-06)

On April 17, 2013 the U.S. Supreme Court issued a long awaited decision in Missouri v. McNeely in which the Court addressed when and under what circumstances, during drunk-driving investigations, law enforcement can conduct a blood test without a warrant. The McNeely decision reverses the Minnesota Supreme Court decision in State v. Shriner, 751 N.W.2d 538 (2008).

QUESTION: You receive a phone call at 3 a.m. from law enforcement asking you to approve a telephonic search warrant. What seven (7) procedural steps MUST be followed for a telephonic search warrant to be lawful? This update outlines a step-by-step guide for judges and law enforcement to follow

CLICK ON LINK BELOW TO READ MORE

Pendleton13.06-Missouri_v_McNeely_and_Telephonic_Search_Warrants

TELEPHONIC SEARCH WARRANTS – 7 STEPS (10-20)

Question: Although It Doesn’t Occur Often, What Happens If You Receive A Phone Call At 3 a.m. From Law Enforcement Asking You To Approve A Telephonic Search Warrant? What Standard Do You Apply And What 7 Procedural Steps Must Be Followed For A Telephonic Search Warrant To Be Lawful?

CLICK ON LINK BELOW TO READ MORE

Pendleton10.20-Telephonic_Search_Warrants-7_Steps

Search Warrants – 3 Basic Rules Every Judge Must Know: Nine Additional Rules Every Judge Should Know (10-03) (Replaced by 20-05)

This Update addresses the legal standard for issuing Search Warrants and Warrants that include “No Knock” and “Night Cap” provisions. This Update also addresses nine additional rules that every judge and attorney should know.

CLICK ON LINK BELOW TO READ MORE

Pendleton 10.03-Search_Warrants-3_Basic_Rules_That_Every_Judge_Should_Know-Pendleton10.03