openPR Logo
Press release

Sealed Search Warrants Rejected by Fifth Circuit Court of Appeals

08-24-2017 09:33 AM CET | Politics, Law & Society

Press release from: Minns & Arnett

/ PR Agency: Sheley Marketing LLC
The United States Court of Appeals for the 5th Circuit vacates the district court’s judgment in a case that seeks to unseal search warrants in an important Fourth Amendment case.

HOUSTON, TEXAS, AUGUST 22, 2017 – On Monday, August 21st, the United States Court of Appeals for the 5th Circuit struck a major blow against sealed search warrant affidavits and said in its Opinion that the district court abused its discretion in the case.

In what started as an IRS tax investigation, the legal team at Minns & Arnett challenged the legitimacy of concealing the probable cause affidavits supporting three search warrants for the home, business, and storage unit of their client, Mr. Justin Smith. Attorney Michael Minns argued that Mr. Smith should have a common law right to access the affidavits supporting the warrants. The Magistrate granted a request by Minn’s law partner, Ashley Arnett, for disclosure, but the Federal District Court overruled the Magistrate’s order granting access to the affidavits, prompting an appeal to the United States Court of Appeals for the 5th Circuit.

The Appeals Court agreed with Mr. Minns, stating in the published Opinion that, “The district court abused its discretion by finding that the pre-indictment warrant materials here should remain sealed without making sufficient factual findings.”

“This is a tremendous decision with far-reaching impact for the Fourth Amendment, increasing transparency in the judicial process for citizens, as well as the media,” said Michael Minns, counsel for Justin Smith, the subject of interest in the warrants.

Motions in the Magistrate’s Court and District Court were handled by Minns & Arnett partner Ashley Arnett, and oral arguments at the Fifth Circuit Court in New Orleans were conducted by Michael Minns.

SOURCE: Minns & Arnett
Case Number: 16-20562
Court: United States Court of Appeals for the Fifth Circuit

Minns & Arnett is a trial and appellate law firm based in Houston, Texas which tries Federal cases all over the United States. The firm focuses on complex tax matters and professional malpractice cases, with a concentration in criminal tax defense. The firm has litigated cases from New York to California, in Alaska and Hawaii, Texas and Jersey.

Minns & Arnett
9119 S. Gessner
Suite One
Houston, Texas 77074
Contact Michael Minns

This release was published on openPR.

Permanent link to this press release:

Please set a link in the press area of your homepage to this press release on openPR. openPR disclaims liability for any content contained in this release.

You can edit or delete your press release Sealed Search Warrants Rejected by Fifth Circuit Court of Appeals here

News-ID: 682650 • Views: 1491

More Releases for Court

[October 4, 2018] High quality, online education for the next generation of legal professionals. BlueLedge, a legal classroom, is a new Florida-based venture focused on online training for legal professionals. The company’s mission is to address the need for qualified and highly trained individuals within the legal support industry. The most pressing need for the legal industry is the requirement for “QUALITY” individuals to fill the increased
Colombo Court Hotel & Spa Colombo, Sri Lanka
An affordable, sustainably minded boutique hotel offering a quiet respite from the buzz of Sri Lanka's capital city, Colombo, within easy reach of sights, restaurants and shops." Location The hotel flanks Duplication Road, one of Colombo's main thoroughfares. Traffic noise is inevitable though many of the rooms are set back and away from the road. This location is fairly central and most of Colombo's sights – such as the National Museum, Gangaramaya
Global Court Shoes Market Research Report 2017
Report Hive Market Research Released a New Research Report of 108 pages on Title " Global Court Shoes Market Research Report 2017 "with detailed Analysis, Forecast and Strategies. In this report, the global Court Shoes market is valued at USD XX million in 2016 and is expected to reach USD XX million by the end of 2022, growing at a CAGR of XX% between 2016 and 2022. Geographically, this report is segmented
MLJ Civil Court Manual
LexisNexis India, a leading global provider of content-enabled workflow solutions, launched ‘The MLJ Civil Court Manual, 14th edition’. The thoroughly revised and updated edition of this prestigious, authoritative and indispensable encyclopedia of central acts with important rules was released by the Honorable Mr. Justice V. Rama Subramanian, Judge, Madras High Court. The book covers case law updated till January 2011 and provides an exhaustive coverage of Supreme Court cases and
SINGAPORE, 5 March 2009 – Swissôtel Merchant Court has demonstrated its commitment to food safety yet again. The hotel has been awarded the HACCP (Hazard Analysis and Critical Control Points) certification SACHACCP 525870 from the Singapore Accreditation Council for excellence in food safety, a certification recognised by SPRING Singapore (Singapore’s national standards and accreditation body) and all government bodies. It is only one of three hotels to be awarded in
Tokyo Summary Court Consolidates Deutsche Bank Litigation
Tokyo, Japan (July 11, 2008) – Today, the Tokyo Summary Court ordered the consolidation of a Deutsche Bank AG lawsuit into an existing lawsuit in Tokyo District Court. On June 6, 2008, Deutsche Securities Inc., a subsidiary of Deutsche Bank AG, filed a lawsuit against one of its employees in Tokyo Summary Court (Case #13543). David Hatt, CEO of Deutsche Securities Inc., filed to have JPY 912,000 in rental payments (approx.