Category Archives: Scope of search

PA: Smell of burnt marijuana during a traffic stop is not PC to search the trunk of the car

The smell of burnt marijuana during a traffic stop is not probable cause to search the trunk of the car. Commonwealth v. Scott, 2019 PA Super 154, 2019 Pa. Super. LEXIS 459 (May 10, 2019):

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W.D.Wash.: In CP case, even spreadsheets on a computer can be searched for images

When child pornography is the subject of a search warrant for a cell phone, search of the entire cell phone is permitted. As to a computer, even spreadsheets are subject to search because it’s possible to hide images there. United … Continue reading

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N.D.Cal.: Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a SW exceeded the scope of the warrant

Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a search warrant exceeded the scope of the warrant. United States v. Maffei, 2019 U.S. Dist. LEXIS 70314 (N.D. Cal. Apr. 26, … Continue reading

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D.Conn.: SW for hotel room permitted seizure of room key when it was seen before the search

The search warrant for a hotel room authorized seizure of the key to the hotel room to gain access when the officers came upon it. Plain view applied. Even if plain view didn’t apply, the only suppression would be the … Continue reading

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WA: Reversal for unreasonable search of cell phone was required, not dismissal

The court of appeals erred in dismissing defendant’s case rather than reversing for a new trial after cell phone evidence was suppressed. There was other untainted evidence the state could use to try to convict on a retrial. State v. … 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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E.D.Mich.: Affidavit’s misidentifying homeowner wasn’t material to the PC to search

Misidentifying the homeowner in the affidavit for the warrant isn’t material because a search warrant runs against the place and the evidence inside. “The identity of the supposedly-misidentified person is irrelevant to the finding of probable cause to search the … Continue reading

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OH6: Home surveillance DVR not within “computer hardware and software” in home SW

A home surveillance DVR was not reasonably included within the search warrant for drug transction records or “computer [or] related computer hardware and software.” State v. Williamson, 2019-Ohio-241, 2019 Ohio App. LEXIS 245 (6th Dist. Jan. 25, 2019) [*P23] Here, … Continue reading

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IA: PC for car search includes purse found in it

Probable cause for search of a car includes a woman’s purse found in the car. State v. Swenson, 2019 Iowa App. LEXIS 36 (Jan. 9, 2019). A dog sniff of a car doesn’t require reasonable suspicion or probable cause something … Continue reading

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IL: Housesitter has no standing

House sitter and dog watcher had no reasonable expectation of privacy in the house he was watching. Officers at the door could also see drugs on the table from the door. He had no standing: “In sum, it is not … Continue reading

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N.D.Ga.: SW for CP permitted search of entire dwelling; it wasn’t apparent to officers def had a roommate

Defendant’s email and IP address connected him to receipt of child pornography. The search warrant for his entire home for child pornography was valid even though defendant had a roommate. There’s no constitutional requirement for police to go to great … Continue reading

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TX4: Visitor’s property searched during SW for premises is governed by possession test: was the person in actual possession at the time?

Texas follows the possession test for searches of personal belongings of visitors found during a search of premises. Thus, defendant’s purse was not in her actual personal possession at the time of the entry and searches, so it was not … Continue reading

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