Category Archives: Scope of search

W.D.Mo.: Unless SW overseizure is in bad faith or with reckless disregard, the entire search doesn’t fail, just the overseizure (but not always)

An overseizure during execution of a search warrant does not lead to suppression of that which was lawfully seized. If anything, just the stuff that was overseized. Here, there was obviously a huge amount of paper seized, and it was … Continue reading

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E.D.N.C.: Shed on curtilage shown on Google satellite image attached to affidavit was properly searched although not specified in SW

A shed by the house was properly searched under a warrant for the house. “As a general rule, a supporting affidavit or document may be read together with (and considered a part of) a warrant that otherwise lacks sufficient particularity … Continue reading

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N.D.Ga.: Use of cell phone cash app to facilitate PPP fraud justified SW for phone

Use of a cell phone cash app to facilitate spending PPP loan fraud justified warrant for phone. United States v. Foster, 2024 U.S. Dist. LEXIS 11369 (N.D. Ga. Jan. 22, 2024). Codefendant’s case: United States v. Baptiste, 2024 U.S. Dist. … Continue reading

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CA9: Wholesale inventory searches of private safe deposit boxes in SW for business was unreasonable

US Private Vaults case reversed. The search of USPV’s 700 safe deposit boxes for inventory was unreasonable. The FBI obtained a warrant for USPV’s business because of its business practices, and this search of the safe deposit boxes of customers … Continue reading

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GA: Question in inventory was whether it was reasonable, not whether it was necessary

The question in inventory was whether it was reasonable, not whether it was necessary. Defense counsel wasn’t ineffective for not moving to suppress. McAnnally v. State, 2024 Ga. App. LEXIS 19 (Jan. 18, 2024). The prolonged retention of defendant’s cell … Continue reading

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NC: SW for documents permitted officers to leaf though def’s rehab journal

Officers had a warrant that included documents. An officer leafed through defendants drug abuse/recovery journal looking for things within the warrant without really reading it. He came upon evidence of another crime. A second warrant was obtained for the journal. … Continue reading

Posted in Abandonment, Consent, Scope of search | Comments Off on NC: SW for documents permitted officers to leaf though def’s rehab journal

MO: Exclusionary rule does not apply to DL revocations

Even if the officer was outside his jurisdiction when defendant was stopped, that’s for criminal cases, not driver’s license revocations, which are civil. No exclusionary rule here. Craig v. Dir. of Revenue, 2024 Mo. App. LEXIS 23 (Jan. 16, 2024) … Continue reading

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D.Mass.: Inevitable discovery applies to def giving up passcode to cell phone

Inevitable discovery applies to defendant giving up the passcode to his cell phone by a statement he challenged. The government had an independent basis to get into the phone to search it. United States v. Xiaolei Wu, 2024 U.S. Dist. … Continue reading

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ND: Driver couldn’t consent to search of passenger’s backpack

The driver of a car could not consent to search of a backpack that by all accounts belonged to the passenger. It was where he sat, and the driver said it wasn’t hers. Inside was men’s clothes and stuff. State … Continue reading

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DC: Frisk of jacket in car was without RS

Defendant was a passenger in a rideshare, and the car was stopped for a traffic offense. They were all ordered out, and defendant took off his jacket while “blading,” said the officer, and left it in the car. The officer … Continue reading

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VA: Def’s consent to a patdown for weapons didn’t include full search of the person

Defendant only consented to a patdown, not a full search of his person. “As Officer Murphy reached into Carter’s jacket pocket, he asked, ‘Nothing on you is gonna poke, prick, or stab me?’ Carter replied, ‘No, sir.’ This exchange did … Continue reading

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LA: Def’s lie about living in place to be searched helped GFE to apply to overcome staleness

The trial court and court of appeals both erred in finding that the affidavit for search warrant was “so lacking” in probable cause that the good faith exception should not apply. “The affidavit accompanying the search warrant application explained the … Continue reading

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E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

Some of the items seized under the warrant were named or were covered by plain view when the police got inside. Some are excludable, but they aren’t returned because the government intends to forfeit. United States v. Abdul-Latif, 2023 U.S. … Continue reading

Posted in Exclusionary rule, Forfeiture, Ineffective assistance, Overseizure, Scope of search, Waiver | Comments Off on E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

MA: Officer recording drug deal on cell phone governed by state wiretap law

An officer’s surreptitious recording of a drug deal with a cell phone is an interception of a communication under the state wiretapping law. Commonwealth v. Du, 2023 Mass. App. LEXIS 143 (Oct. 6, 2023). The publicly available address (SoS, website, … Continue reading

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DE: When the search is overbroad, the remedy is to limit the product of the search not void it

When the search is overbroad, the remedy is to limit the product of the search not void it. Thomas v. State, 2023 Del. LEXIS 318 (Oct. 2, 2023). There was plenty of information from the CI on which to justify … Continue reading

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D.Ariz.: No RS for stop, but def fled when tried to be pulled over and that was

Taking the government’s six proffered circumstances which they claim add up to reasonable suspicion, the court finds them lacking on the totality. But, as defendant was being pulled over, he fled, and that made reasonable suspicion. United State v. Shelton, … Continue reading

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D.Me.: “The Government appears to argue that close only counts in horseshoes, hand grenades and warrantless searches so long as the police work was not hallmarked by nefarious intent.”

The warrant was used to search a trailer based on a warrant for the truck, and the warrant was clearly deficient for the trailer. “This case involves a ‘glaring deficiency,’ id., rather than a ‘virtually unnoticeable’ omission. Watson, 498 F.3d … Continue reading

Posted in Automobile exception, Good faith exception, Scope of search | Comments Off on D.Me.: “The Government appears to argue that close only counts in horseshoes, hand grenades and warrantless searches so long as the police work was not hallmarked by nefarious intent.”

D.Alaska: Seizure of syringe during Terry frisk was reasonable

Seizure of a syringe from defendant’s pocket in a Terry frisk was reasonable even though it could have been a pen. Other things, no. United States v. Endsley, 2023 U.S. Dist. LEXIS 166997 (D. Alaska Sep. 20, 2023). Plaintiff sued … Continue reading

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D.Md.: Instagram SW was valid by GFE despite weak PC, but it was excessively searched

“The Instagram Motion [to suppress] will be granted in part. Although the probable cause to search Rivers’ Instagram account was weak, the Leon good faith exception applies and the evidence will therefore not be suppressed on the basis of a … Continue reading

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CA5: Arrest on curtilage was subject to questions of fact

Plaintiff raised questions of fact and law as to the officer’s authority to arrest him in his front yard on the curtilage. Summary judgment denied on the merits, but remanded for further qualified immunity analysis. Sauceda v. City of San … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Qualified immunity, Scope of search | Comments Off on CA5: Arrest on curtilage was subject to questions of fact