This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Jack B. Weinstein suppressed evidence seized pursuant to an insufficiently particular search warrant. Judge Sterling Johnson, Jr., upheld an order of Magistrate Judge Cheryl L. Pollak finding waiver of attorney-client privilege and work-product protection by a party that failed to submit a timely privilege log as required by the local rules. Judge Dora L. Irizarry, affirming a decision of Bankruptcy Judge Elizabeth S. Stong, granted a motion for sanctions against an attorney. And Judge Joseph F. Bianco affirmed the decision of Bankruptcy Judge Carla E. Craig avoiding certain presumably fraudulent transfers relating to a Ponzi scheme.
Search Warrant Particularity
In United States v. Wiggins, 14 CR 3 (EDNY, April 3, 2014), Judge Weinstein granted a motion to suppress evidence seized in a defendant’s apartment when the search warrant failed to specify an apartment number, the police knew or should have known that defendant lived in a multi-family building, and the judge issuing the warrant was knowingly misled on that point.
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