Wednesday, June 29, 2022

US v. Manaku, No. 20-10069 (Per curiam w/Clifton, Nelson, & Collins; concurrence by Collins). Fed R Crim P 41(f)(1)(c ) requires a complete copy of a warrant to be left. It wasn’t. Only the first page was left. Defendant argues this clear violation of Rule 41 requires suppression. The trial court disagreed. The 9th affirms the denial of suppression.

Despite clearly violating Rule 41, the 9th holds denial of suppression was not warranted. The failure was not fundamental (clear constitutional violations). Rather, the violation was “technical,” and suppression only occurs if (1) the defendant was prejudiced; or (2) there was a deliberate disregard of the rule. Neither occurred here. The error was due to carelessness.

Concurring, Collins would find that the Supreme Court had overruled the requirement a warrant be produced on demand, as defendant had requested here, but only requires it to be left at the end of the search or leaving. With that, Collins concurs in the judgment that the failure was unintentional.



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