Category Archives: Scope of search

IN: Search of def’s car when he shows up at home while SW being executed there was reasonable even though SW didn’t mention car

“Do law-enforcement officers violate either constitution by searching a person’s vehicle when the person drives that vehicle up to his or her house while officers are there executing a search warrant for the house that does not address vehicles? Based … Continue reading

Posted in Scope of search, Warrant execution | Comments Off on IN: Search of def’s car when he shows up at home while SW being executed there was reasonable even though SW didn’t mention car

OR: Apparent authority to consent to search of contents of car here limited to his own stuff

There were two people in a van and a consent search was sought; the police needed to make sure that one didn’t consent to search of property under control of the other. “As a matter of law, actual authority over … Continue reading

Posted in Apparent authority, Scope of search | Comments Off on OR: Apparent authority to consent to search of contents of car here limited to his own stuff

N.D.Ga.: First class mail is closed to Customs inspection; priority mail is not

There is a reasonable expectation of privacy in first class mail and mail with full postage from a customs search coming into the Virgin Islands. 19 C.F.R. § 145.1. Priority class mail is subject to customs inspection. United States v. … Continue reading

Posted in Mail and packages, Scope of search | Comments Off on N.D.Ga.: First class mail is closed to Customs inspection; priority mail is not

TX6: Even if def’s vehicle was over the property line and not on the property subject to SW, was the officer’s mistake reasonable?

Officers had a search warrant for vehicles on a particular piece of property. Defendant contended his vehicle wasn’t on the property. Even if the officer was wrong, was his belief unreasonable? “The Brinegar Court explained the requirement of reasonableness in … Continue reading

Posted in Scope of search, Warrant execution | Comments Off on TX6: Even if def’s vehicle was over the property line and not on the property subject to SW, was the officer’s mistake reasonable?

TX2: SW for seizure of blood includes the ability to analyze it

It is well settled in Texas that a search warrant for blood in a DUI case includes the ability to analyze it. Jacobson v. State, 2020 Tex. App. LEXIS 3447 (Tex. App. – Ft. Worth Apr. 23, 2020). Defendant’s CSLI … Continue reading

Posted in Arrest or entry on arrest, Scope of search, Standards of review | Comments Off on TX2: SW for seizure of blood includes the ability to analyze it

MD: SW for car didn’t include cell phone in def’s pocket when stopped

The search warrant for defendant’s car was specific as to the car and it’s contents, but didn’t include a cell phone found in defendant’s pocket when the car was stopped. State v. Zadeh, 2020 Md. LEXIS 173 (Apr. 3, 2020).

Posted in Cell phones, Scope of search | Comments Off on MD: SW for car didn’t include cell phone in def’s pocket when stopped

CA8: SW to seize a car implicitly includes seizing the keys to it

A search warrant to seize a car implicitly includes seizing the keys to it. “Thiel also maintains that Baker and Minor went too far in executing the second warrant when they seized antique handguns, handguns in unopened boxes, and gun … Continue reading

Posted in Cell site location information, Good faith exception, Probable cause, Scope of search | Comments Off on CA8: SW to seize a car implicitly includes seizing the keys to it

CA8: SW for already seized cell phone came from SW for far more; apparently created confusion, but not suppression

Officers had seized defendant’s phone and applied for a search warrant for it and other things at the same time, and that led to a motion to suppress the phone search. “Suellentrop argues that the search of the phone was … Continue reading

Posted in Cell phones, Scope of search, Warrant execution | Comments Off on CA8: SW for already seized cell phone came from SW for far more; apparently created confusion, but not suppression

N.-M.: Exceeding scope of consent required suppression

Defendant gave consent to Army CID at Ft. Lejeune to look in Facebook Messanger to investigate a theft where defendant was the alleged victim. The CID investigator went into the phone and searched 43,000 thumbnail images hoping to find child … Continue reading

Posted in Arrest or entry on arrest, Consent, Military searches, Scope of search | Comments Off on N.-M.: Exceeding scope of consent required suppression

CA5: Def’s office in building behind his house was properly searched under IRS SW for house/office for records where officers relied on address publicly listed

IRS agents’ search of the home office behind defendant’s home was reasonable and did not violate the Fourth Amendment where the search warrant described defendant’s primary residence but the office carried a different address. It was reasonable to believe the … Continue reading

Posted in Particularity, Scope of search | Comments Off on CA5: Def’s office in building behind his house was properly searched under IRS SW for house/office for records where officers relied on address publicly listed

OH5: Driver’s consent to search car doesn’t extend to passenger’s backpack

Driver’s consent to search car did not extend to passenger’s backpack. The state’s reliance on inventory failed for not proving up the policy. State v. Pennington, 2020-Ohio-757, 2020 Ohio App. LEXIS 688 (5th Dist. Mar. 2, 2020). “After considering the … Continue reading

Posted in Consent, Inventory, Scope of search | Comments Off on OH5: Driver’s consent to search car doesn’t extend to passenger’s backpack

DE: Def’s consent overcame overbreadth issue; “all digital contents” includes photos

The scope of the search of defendant’s cell phone data was overbroad, but defendant consented: “However, Defendant consented to the search of ‘all digital contents’ of his cell phone. Based on the scope of this consent, the police were permitted … Continue reading

Posted in Cell phones, Scope of search | Comments Off on DE: Def’s consent overcame overbreadth issue; “all digital contents” includes photos

GA: SW for “electronic data” includes photos on a cell phone

Defendant claimed to be staying in a vacant apartment with the permission of a friend (who was not the landlord). There was probable cause to arrest him for theft of services (not to mention trespass). Defense counsel wasn’t ineffective for … Continue reading

Posted in Cell phones, Ineffective assistance, Scope of search | Comments Off on GA: SW for “electronic data” includes photos on a cell phone

TX14: Client had standing to object to seizure of her files from her attorney’s office for his misapplication of her fee into trust account

A search warrant was executed on a divorce lawyer’s office for some client files after a $75,000 retainer was paid into the IOLTA account which had a -$49,000 balance. The district court erred in holding the client had no standing … Continue reading

Posted in Privileges, Scope of search, Standing | Comments Off on TX14: Client had standing to object to seizure of her files from her attorney’s office for his misapplication of her fee into trust account

CA8: “Other media” in a SW includes cell phones

“Other media” in a search warrant includes cell phones. United States v. Oliver, 2020 U.S. App. LEXIS 5035 (8th Cir. Feb. 19, 2020):

Posted in Cell phones, Scope of search | Comments Off on CA8: “Other media” in a SW includes cell phones

WA: Cell phone search must be strictly limited to the PC that authorized it

“Modern cell phones are unique devices, capable of storing vast amounts of personal data. To guard against governmental invasion of this information, the Fourth Amendment to the United States Constitution generally requires explicit authorization to search a cell phone through … Continue reading

Posted in Cell phones, Scope of search | Comments Off on WA: Cell phone search must be strictly limited to the PC that authorized it