Category Archives: Scope of search

IL: Once def was acquitted, seized computer data should have been returned, not searched again without a warrant

Defendant was a Peoria police officer being accused of sexual assault, and the Illinois State Police obtained a search warrant for his computer and other devices. The hard drives were copied with EnCase software. Defendant was tried on the sexual … Continue reading

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N.D.Iowa: A “Brinks box” in the house being searched with a warrant for drugs was subject to the search

A “Brinks box” in the house being searched with a warrant for drugs was subject to the search. United States v. Simmermaker, 2019 U.S. Dist. LEXIS 199422 (N.D. Iowa Oct. 25, 2019), adopted, 2019 U.S. Dist. LEXIS 198379 (N.D. Iowa … Continue reading

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VA: Def lacked standing in the car of his passenger he was driving

Defendant was driving a car that belonged to his passenger, and it was legitimately stopped because of an expired tag. The court gave a long exposé of property rights and standing useful in the future, but not for him because … Continue reading

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D.Idaho: Small business owner with 90% share has standing to challenge search of entire premises

As a 90% owner of a small business and the building in which it was located, an investment firm (and disregarding the assets they managed), he had standing to challenge the entirety of the search of the premises, not just … Continue reading

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OH2: Open-ended consent to search a car includes closed containers, here def’s purse

During a traffic stop, defendant consented to a search of her car. She was out of the car and her purse was inside. The consent was open-ended, and it thus would include closed containers, like her purse in the front … Continue reading

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NE: Where the smell of MJ justifies the search, the finding of a small quantity doesn’t require the search end

Defendant’s stop was for over-tinted windows. The officer could smell burnt marijuana, and he searched finding some in the console. Finding that, he was not obligated to stop searching. State v. Valentine, 27 Neb. App. 332, 2019 Neb. App. LEXIS … Continue reading

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N.D.Ill.: Franks challenge requires there was a SW

Defense counsel wasn’t ineffective for not seeking a Franks hearing where there was no search warrant in the first place. Freeman v. United States, 2019 U.S. Dist. LEXIS 187171 (N.D. Ill. Oct. 29, 2019). Defendant’s general consent to search a … Continue reading

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MN: A white cloth sought in a SW for evidence of sexual assault permitted seizure of a blue and white one

Defendant was accused of sexual assault, and a “white dish towel-like cloth” was likely a source of DNA evidence. A search warrant was obtained. Executing the warrant, officers saw a blue and white dish-towel-like cloth. The trial court suppressed it. … Continue reading

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DE: SW for drugs allows search anywhere drugs may be hidden

A search warrant for drugs authorizes a search any place where drugs may be hidden. The fact other things are found that are evidence allows their seizure, too. Jackson v. State, 2019 Del. LEXIS 456 (Oct. 8, 2019). U.S. Probation … Continue reading

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PA: SW for entire house for activities of one living there included roommate’s separate room

“We granted discretionary review to determine whether a search warrant for an entire multi-bedroom residence shared by appellant, Dylan Scott Turpin, and his roommate, Benjamin Kato Irvin, was constitutionally permissible under the Fourth Amendment to the United States Constitution and … Continue reading

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WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases

WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases by Nick Miroff:

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D.Mass.: GFE applies to scope of search under SW where place to be searched was two floors, not one

The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn’t obvious from the outside. “The Court need not resolve this complex … Continue reading

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