Category Archives: Scope of search

WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases

WaPo: Pollen ‘nerds’: U.S. government enlists scientists to track drug loads, crack cold cases by Nick Miroff:

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D.Mass.: GFE applies to scope of search under SW where place to be searched was two floors, not one

The issue here is whether the search warrant was overbroad because it turned out that the place to be searched was really two floors not one, but it wasn’t obvious from the outside. “The Court need not resolve this complex … Continue reading

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CA11: Ptf’s excessive force claim overcomes QI; his facts show clearly established law violated

Defendants were properly denied qualified immunity in using excessive force to arrest plaintiff. Plaintiff’s version of the facts showed clearly established rights were violated. Heck v. Humphrey didn’t apply because plaintiff wasn’t seeking to attack his conviction. Cendan v. Trujillo, … Continue reading

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D.Kan. Throwing a pouch onto a roof when climbing a fence in flight from the police is abandonment

Throwing a black pouch onto the roof of a building in flight from the police as he climbed over a fence was abandonment. United States v. Gaines, 2019 U.S. Dist. LEXIS 134303 (D. Kan. Aug. 9, 2019).* The search warrant … Continue reading

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CA8: Camper next to house was covered by SW for house

Defendant’s camper was on the curtilage right next to the house and connected by “living debris” [junk?], and “not noticeably separate from the garage, it was covered by the search warrant, whether or not it was a vehicle for Fourth … Continue reading

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E.D.Va.: No evidence defendant “is a collector of child pornography,” so no PC; remanded for factual determination of GFE

The government did not show probable cause to believe that child pornography was on defendant’s electronic devices. The officer’s experience is one thing, but no facts suggest that defendant “is a collector of child pornography.” The record is inadequate to … Continue reading

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N.D.Cal.: Govt bears burden of showing attachment limiting search was actually attached, and it failed

For the government to rely on the good faith exception by claiming the attachment limiting the warrant was attached to the search warrant, it bears the burden of showing that, and it didn’t. United States v. Chang, 2019 U.S. Dist. … Continue reading

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PA: Scope of search argument not preserved below

The scope of search authorized under the warrant wasn’t preserved below, so it’s waived for appeal. Commonwealth v. Handley, 2019 PA Super 201, 2019 Pa. Super. LEXIS 638 (June 28, 2019). The affidavit for search warrant was not “bare bones” … Continue reading

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MN: Search of rented room in single family dwelling was reasonable under SW; it wasn’t apparent it was rented

In a stipulated evidence suppression hearing, defendant did not preserve the issue he presents for appeal. Going to the merits anyway, defendant claimed that his rented room in what was, for all appearances, a single family dwelling was reasonable. The … Continue reading

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D.N.M.: When PC is based on an IP address, any computer or cell phone on the premises can be the subject of the SW

Any computer or cell phone on the premises can reasonably be believed to have connected to the internet. “Nevertheless, Ms. Laurezo does not cite to any authority that requires a search warrant based on an IP address being used to … Continue reading

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D.Minn.: SW for house that includes def’s car if “near” is constitutionally sufficient

The search warrant for defendant’s house included his car if found “near,” and it was not overbroad. It might have better for there to be a search warrant just for the car, too, but that’s not constitutionally required. United States … Continue reading

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IN: SW for house includes the curtilage

A search warrant for a house gives police the ability to search the curtilage, too. Hardin v. State, 2019 Ind. App. LEXIS 234 (May 29, 2019). Navajo Nation police officers had implied license to approach the front door of a … Continue reading

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