Category Archives: Scope of search

D.Conn.: SW for drugs in house supported plain view of gun under mattress

There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading

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NE: SW for property includes vehicles found and belonging there

Search warrant for property includes vehicles parked on the property that are connected to the property [as in the owner]. State v. Hidalgo, 296 Neb. 912, 2017 Neb. LEXIS 87 (June 9, 2017). Officers coming upon an assault in progress, … Continue reading

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W.D.Ky.: SW for premises permits search of any vehicle parked on the property

The search warrant for the house in this case permitted a search of any vehicles on the premises, not just those belonging to the owner of the residence. In any event, the good faith exception applies. United States v. Keeling, … Continue reading

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CA8: Warrant was broad, but not constitutionally overbroad for QI under Messerschmidt

An anonymous tip corroborated by a jailhouse telephone call showed probable cause to believe plaintiff was in possession of a pet deer in violation of state game regulations. A search warrant was issued that was broader than just that one … Continue reading

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Cal.6th: SW for house for CP didn’t permit search of second house found behind it

Police linked an IP address at the residence of the owner in San José to child pornography, and they obtain a search warrant for the Reynolds residence, garages, and outbuildings. They searched Reynolds’ place for child pornography and didn’t find … Continue reading

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VT: SWs for animals are different than for other property; more likely subject to exigency

Search warrants for animals are different than for other property in that they are alive and more likely subject to exigent circumstances because animal welfare is always a consideration. When executing a warrant for two animals, others apparently in distress … Continue reading

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IN: Stop was reasonably extended because the LPN didn’t match vehicle

A stop was reasonably extended by the officer because the LPN didn’t come back to the vehicle. Browder v. State, 2017 Ind. App. LEXIS 212 (May 22, 2017).* The affidavit for search warrant was not bare bones, and the search … Continue reading

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Cal.4th: Passenger’s parole status permitted search of entire passenger compartment

Defendant was in a car with a parolee. After a valid stop, the parolee gave a false name, and the officer eventually got the right name and parole status. A search of the whole car was permissible even though the … Continue reading

Posted in Probation / Parole search, Scope of search | Comments Off

OH12: Police with SW for clothes didn’t need to determine whose were in a clothes pile before searching it

The search warrant was for a multitude of things in defendant’s house, including cell phones and clothing worn during the crime. A clothes pile could be searched without first determining whose clothes were apparently there. The pockets could be searched, … Continue reading

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FL: Photographs of house interior taken during search for bank card could be used at trial

Defendant was a suspect in a murder, and the police had probable cause for a search warrant for his house to look for the victim’s bank card. They did not find the bank card, but they took 150 photographs of … Continue reading

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