Category Archives: Scope of search

N.D.Cal.: Smell of MJ from passenger compartment is PC only as to that area

The smell of marijuana came from the passenger compartment, and the court finds that the probable cause that it creates is limited to the passenger compartment under the automobile exception. United States v. Chavez, 2018 U.S. Dist. LEXIS 107695 (N.D. … Continue reading

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D.Md.: SW for drug evidence on a computer allowed cursory look at each file, and CP was validly found

Once officers were in defendant’s computer with a search warrant looking for drug evidence, they could cursorily look at each file, and, in the process found child pornography. [This is akin to a plain view.] With that, the search stopped, … Continue reading

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WV: Search of def on the premises of a place searched by SW was unreasonable without a showing of his nexus; merely being there isn’t nexus

Search of defendant found on the premises of a search of another person’s property was unreasonable because there was no shown nexus to him and the crime under suspicion. Even the occupants of the property weren’t named in the search … Continue reading

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D.Alas.: Consent to search doesn’t include destruction of property in the search

The government got consent to search a package for drugs. That consent did not include cutting a candle in half to find the drugs. Consent to search doesn’t include destruction of property. United States v. Swenton, 2018 U.S. Dist. LEXIS … Continue reading

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M.D.Tenn.: While def’s search under “all persons” clause of SW was unreasonable, he was still subject to Terry detenion

A search of defendant under an “all persons” clause in a warrant was unreasonable. Still, however, the officers had reasonable suspicion to detain him. His admission then was that he had a gun, and that led to a frisk. “Giving … Continue reading

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CA8: Parked RV was “vehicle on the premises” even though connected to water and electricity

A parked RV qualified as a “vehicle on the premises” even though it would have taken 30 minutes to make it ready to move. It had a satellite dish on the roof and it was connected to water and electricity. … Continue reading

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DE: “The scope of the warrant so far outruns that probable cause finding—and is so lacking in particularity relative to that probable cause finding—that it qualifies as plain error.”

A rare outcome: “The scope of the warrant so far outruns that probable cause finding—and is so lacking in particularity relative to that probable cause finding—that it qualifies as plain error.” Buckham v. State, 2018 Del. LEXIS 166 (Apr. 18, … Continue reading

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CA11: Financial fraud SW permits search of def’s wallet on his person

In a search warrant for financial fraud of defendant’s house, finding defendant there allowed a search of his wallet under the warrant. United States v. Shabazz, 2018 U.S. App. LEXIS 9774 (11th Cir. Apr. 18, 2018):

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ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids?

No, the attorney-client privilege isn’t dead, and neither is the crime fraud exception. ABAJ: How will prosecutors handle privileged documents from Michael Cohen raids? by Stephanie Francis Ward:

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D.Me.: SW didn’t authorize search of visitor’s cars arriving after search started

The search warrant in this case did not authorize a search of a vehicle that arrived at the premises during the search. There was, however, independent probable cause for a search of the vehicle under the automobile exception. United States … Continue reading

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D.Minn.: Seizure of emails implicated A-C privilege and are subject to suppression

The defendant raised attorney-client privilege against the seizure of emails to lawyers and then CPAs retained by his tax lawyers. The former was determined to be waived. The latter, however, remained privileged. United States v. Adams, 2018 U.S. Dist. LEXIS … Continue reading

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AK: SW clause to “search any persons” here didn’t enable search of every person who came to the premises during the search

Defendant came to a Fairbanks house when a search warrant was being executed, and he was searched, too, under the auspices of the “search any persons” present reference in the warrant. Defendant’s search was unreasonable under the circumstances. Innocent persons … Continue reading

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