· 12/23/2004
In Re Search Warrants Issued on April 26, 2004
Citations
- 353 F. Supp. 2d 584
- 2004 U.S. Dist. LEXIS 25848
- 2004 WL 2973818
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing right of search target to access warrant materials, which had been impounded for nearly eight months, partly due to risk that “an indictment in the case may not be issued for a considerable period of time[; a] delay of several years is not uncommon in such investigations”
- affirming magistrate judge’s determination that Fourth Amendment confers pre-indictment right of access to redacted search warrant affidavit on target of search, where government failed to demonstrate compelling governmental interest in keeping affidavit sealed
- Fourth Amendment right to examine affidavit in support of search warrant once warrant was executed, absent demonstration by government of compelling interests
- “While the government is free to lawfully exercise its power to execute search warrants, the persons against whom that awesome power is unleashed at least have the right to discover the basis for the exercise”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bennett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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