18 U.S.C. § 2235
Search warrant procured maliciously
Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or imprisoned not more than one year, or both.
Notes of Decisions
Cited in 11
cases (7 in the last 5 years), 1956–2026 · leading case: Bansal v. Russ
Bansal v. Russ (2007)
“In Count 14 of the complaint, Plaintiff alleges the AUSA Defendants procured search warrants knowing that they were “maliciously drafted” and without probable cause or particularity, in violation of 18 U.S.C. § 2235 . In Count 16 2 of the complaint, Plaintiff claims that the…”
Webster Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics (1969)
“§ 2234 ; to procure the issuance of a search warrant maliciously and without probable cause, 18 U.S.C. § 2235 ; and, in certain circumstances, to search an occupied pri *725 vate building without a warrant, 18 U.”
Will Parks Clay v. United States (1956)
“862 , now covered by 18 U.S.C.A. §§ 2235 , 1621, 2231, 2234, 3105, 3109, Rule 41, Fed.”
United States v. Elam Reamuel Temple (1967)
“§ 2234 (willful exceeding of authority in executing search warrant); 18 U.S.C. § 2235 (malicious procurement of search warrant).”
Carter v. United States (2024)
“Motion Preserving Rights Carter moves to preserve his rights12 under 18 U.S.C. § 2235 and § 2236. Docket 57. Neither of these statutes gives Carter any rights he can seek to enforce in this § 2255 proceeding.”
Walker v. Walker (2023)
“§ 2234–“Authority exceeded in executing warrant”; 18 U.S.C. § 2235–“Search warrant procured maliciously”; 44 U.”
Naicom Corporation v. Dish Network Corporation (2024)
“), 18 U.S.C.A. § 2235 -Search warrant procured maliciously; 18 U.”
Naicom Corporation v. Dish Network Corporation (2024)
“), 18 U.S.C.A. § 2235 -Search warrant procured maliciously; 18 U.”
Naicom Corporation v. Dish Network Corporation (2024)
“), 18 U.S.C.A. § 2235 -Search warrant procured maliciously; 18 U.”
Naicom Corporation v. Dish Network Corporation (2024)
“), 18 U.S.C.A. § 2235 -Search warrant procured maliciously; 18 U.”
Yeison Antonio Campusa Brea v. Alan Wilson, Hobart Lewis, Leila Foster, James Hudson, General Assembly of South Carolina (2026)
“Plaintiff purports to bring claims under 18 U.S.C. § 2235 for “search warrant procured maliciously,” under 42 U.”
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