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Criminal Law

: Fourth Amendment

N.D.Iowa: Faulure to provide attachment for particularity limits not deliberate so no suppression

By John Wesley Hall, Jr.

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Officers executing search warrant gave defendant a copy of the warrant but without the particularity attachment, so he argued Groh v. Ramirez and Rule 41(f)(1)(C) were violated. The executing officers had the full warrant. The court found this not deliberate and not warranting suppression of evidence. United States v. Riesselman, 2010 U.S. Dist. LEXIS 32183 (N.D. Iowa March 31, 2010): However, numerous courts, including the Eighth Circuit Court of Appeals, have held that this type of violation of Rule 41 does not mandate suppression unless “a defendant is prejudiced or if reckless disregard of proper procedure is evident.” United States v. Spencer, 439 F.3d 905 (8th Cir. 2006) (citing United States v. Bieri, 21 F.3d 811, 816 (8th Cir...continue to full post

Full post as published by Fourth Amendment on April 04, 2010 (boomark / email).

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