Category Archives: Scope of search

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

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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

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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

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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

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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

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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

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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

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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):

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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

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CA9: When arresting a vehicle passenger on a felony warrant, a frisk of others in the car is permissible for officer safety

When executing a felony arrest warrant on an occupant of a car, frisking companions in the car is reasonable for officer safety. United States v. Abbassi, 2020 U.S. App. LEXIS 3575 (9th Cir. Feb. 4, 2020). “In her informal brief … Continue reading

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OH11: “Hand swabs” in SW for person fairly includes fingernail scrapings; no REP in clothing removed at ER by nurses

Defendant was brought to a hospital for alleged injuries. He was exceedingly drunk for a juvenile and covered in blood. He was cleaned up at the ER and no injuries found. The nurses there took his clothes. Police later seized … Continue reading

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Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It?

Reason: Does Letting Police Enter Your House Give Them Permission To Wreck It? by Jacob Sullum The Institute for Justice asks the Supreme Court to clarify a doctrine that shields cops from responsibility for outrageous conduct.

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