Category Archives: Overseizure

MT: Overseizure of contents of cell phone didn’t prejudice def where the overseized information was not offered at trial

Defendant argued that the search of his cell phone violated the Fourth Amendment because more was seized than the warrant allowed. Since none of the excess was offered by the state, he wasn’t prejudiced, and the over seizure didn’t void … Continue reading

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S.D.N.Y.: Seizure of 21 privileged documents out of 1.3M wasn’t a 4A or privilege violation

The government seized 1.3M documents, and 21 apparently were privileged. This doesn’t show that the government was willful disregarding the warrant or the need to protect privileged materials. His iPhone and laptop were properly seized by plain view then subjected … Continue reading

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CA4: Def’s unlocking cell phone without sharing passcode was not communicative act

The officer who had defendant’s cell phone asked her to unlock it. She entered the passcode without sharing it or him seeing her do it. It wasn’t a communicative act. It’s like providing a key. Her motion to suppress the … Continue reading

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S.D.W.Va.: Computer SW for drugs led to healthcare fraud evidence; second SW needed; exclusionary rule should apply to deter

The government had a search warrant of ESI for drugs. When the search warrant was executed, they found evidence of healthcare billing fraud. A second search warrant was required, citing the government’s own search manual [noted and linked on the … Continue reading

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IA: SW for premises includes whole house, and bedroom of a visitor with a separate REP is still subject to search

Defendant was staying at the house of another when a search warrant for the premises was executed. He argued that his particular bedroom wasn’t subject to search under the warrant because he had a separate expectation of privacy in the … Continue reading

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CA6: Medical clinic wasn’t “permeated with fraud” justifying an “all records” seizure, but SW was particular enough for a substantial seizure

The district court held that the defendant’s medical clinic was “permeated with fraud” justifying an “all records” seizure. The court of appeals disagrees. There was a fair amount of potential fraud, but it wasn’t obvious. Still, the warrant had particularity … Continue reading

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N.D.Tex.: Two defs given standing to challenge seizure of their emails on co-def business’s account

Defendants were charged in a dietary supplement mislabeling conspiracy. On the claim of overseizure, the warrant specified “angeline” but the court concludes anything related to it was seizable as well without violating particularity. Two defendants were given standing to challenge … Continue reading

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CA4: Seizure of Nazi materials in a SW for an ISIL suspect was reasonable because both are defined as terrorist organizations

Defendant was alleged to be connected to ISIL, and, in a terrorism investigation, the government executed a search warrant at his home. Seizure of Nazi materials wasn’t outside the scope of the search warrant: “a reasonable officer would be able … Continue reading

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S.D.N.Y.: Overseizure from iCloud account wasn’t so flagrant it required suppression; govt agreed in advance to exclude the overseized

The government’s overseizure from defendant’s iCloud account wasn’t so flagrant or egregious to warrant suppression. The government agreed up-front to exclude the obvious, and that’s a sufficient remedy. United States v. Pinto-Thomaz, 2019 U.S. Dist. LEXIS 26262 (S.D. N.Y. Feb. … Continue reading

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NY2: SW for person and house didn’t permit search of cars out front

The search warrant was for defendant’s person and his house. The police also searched two cars on the premises. The court finds the cars outside the warrant and suppresses them. People v. Gordon, 2019 NY Slip Op 00901, 2019 N.Y. … Continue reading

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S.D.N.Y.: In a document search, a slight overseizure that the govt declines to use avoids extraordinary remedy of suppression

“In sum, the affidavits set forth detailed information concerning the evidence of insider trading obtained and the connection between the devices and accounts concerned and probable additional evidence. The warrants were particularized and their breadth tied to the evidence relevant … Continue reading

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IN: Seizure of only cash under SW for drugs and cash from drug sales was unreasonable and without PC

When police had a search warrant for a package that included cash for drug purposes in the particular description, the seizure of only cash wasn’t justified. Nothing showed that the money was related to crime. Hodges v. State, 2018 Ind. … Continue reading

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