Category Archives: Scope of search

MS applies exclusionary rule to code enforcers

A code enforcement officer violated the Fourth Amendment and the exclusionary rule is applied. JDB Rentals, LLC v. City of Verona, 2024 Miss. App. LEXIS 290 (July 16, 2024). Defendant waived (or abandoned) any reasonable expectation of privacy in his … Continue reading

Posted in Administrative search, Reasonable expectation of privacy, Reasonable suspicion, Scope of search | Comments Off on MS applies exclusionary rule to code enforcers

NY3: SW for evidence of robbery (stolen property and mask) found def’s cell phone with image of him wearing the mask on its wallpaper

A search warrant in a robbery case looked for stolen property and the mask involved. When police executed the warrant, they found his cell phone with him wearing the mask as the wallpaper image on the phone. “We find without … Continue reading

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S.D.Ohio: Indicia of residency can be subject to search and seizure under a SW

The search warrant could seek to seize documents tending to show defendant’s control of the premises [indicia of ownership or control] under the Fourth Amendment. United States v. Moore, 2024 U.S. Dist. LEXIS 119486 (S.D. Ohio July 2, 2024). There … Continue reading

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W.D.N.C.: Search under automobile exception can be as broad as a SW would allow considering what is sought

When there is probable cause under the automobile exception, the search can be as broad as a search warrant would allow. United States v. Carmichael, 2024 U.S. Dist. LEXIS 116946 (W.D.N.C. July 1, 2024). The protective sweep of defendant’s hotel … Continue reading

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CA11: Cotenant’s knowledge of their cotenant being on probation enough to search them, too

“The Supreme Court has said that a warrantless search of a probationer’s home, supported by reasonable suspicion of criminal activity and authorized by a probation condition, is reasonable under the Fourth Amendment. See United States v. Knights, 534 U.S. 112, … Continue reading

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S.D.Miss.: Drug SW permitted search of a safe even though not specified

This drug search warrant didn’t mention a safe, but that was a place where they could be found, so the search was proper. Also, the good faith exception applies. United States v. Manning, 2024 U.S. Dist. LEXIS 109676 (S.D. Miss. … Continue reading

Posted in Franks doctrine, Good faith exception, Motion to suppress, Probation / Parole search, Scope of search | Comments Off on S.D.Miss.: Drug SW permitted search of a safe even though not specified

CO: When IP address is the PC for a building, SW permits search of whole building

“This case concerns whether a search for Internet-related evidence that extended to a previously unknown basement apartment was reasonable, even though the apartment was not specified in the warrant. The supreme court holds that 1) the warrant’s reference to the … Continue reading

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NJ: Smell of MJ permits search of locked glovebox under automobile exception

The smell of marijuana permitted a search of a locked glove compartment in a car under the automobile exception without officers having to determine exactly where the smell was coming from. A locked glove compartment is not analogous to the … Continue reading

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S.D.Ind.: GFE of law at the time of the search meant no IAC

“Counsel did not perform deficiently when they raised the Fourth Amendment argument [under applicable law at the time], even though this Court and the Seventh Circuit found that the good faith applied.” Castro-Aguirre v. United States, 2024 U.S. Dist. LEXIS … Continue reading

Posted in Cell phones, Good faith exception, Ineffective assistance, Particularity, Probation / Parole search, Scope of search | Comments Off on S.D.Ind.: GFE of law at the time of the search meant no IAC

S.D.Fla.: A search for stored video evidence must necessarily be broad; where could it be stored?

A search for stored video evidence must necessarily be broad because of the types of things on which it could be stored. United States v. Mila, 2024 U.S. Dist. LEXIS 84465 (S.D. Fla. Apr. 4, 2024), adopted, 2024 U.S. Dist. … Continue reading

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VA: Consent to look in backpack permitted search of pill bottle

Defendant’s consent to look in his backpack didn’t require separate consent to look in a pill bottle. Lee v. Commonwealth, 2024 Va. App. LEXIS 258 (May 7, 2024). CBP had reasonable suspicion for the stop of a Jeep meeting four … Continue reading

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CADC: When searching a cell phone and officers find it belonged to someone else, a new SW isn’t required; SWs are directed at things, places, and people and owner doesn’t matter for PC

Officers seized a cell phone from Thorne, a suspected narcotics and firearms trafficker. In a search under a warrant, the officers found out the phone actually belonged to defendant. Warrants are directed at things, and that didn’t require them to … Continue reading

Posted in Probable cause, Reasonable suspicion, Scope of search, Suppression hearings | Comments Off on CADC: When searching a cell phone and officers find it belonged to someone else, a new SW isn’t required; SWs are directed at things, places, and people and owner doesn’t matter for PC

D.Minn.: Hidden compartment could be searched under automobile exception

Under the automobile exception, a search of a compartment underneath the dashboard paneling was reasonable. United States v. Payton, 2024 U.S. Dist. LEXIS 57065 (D. Minn. Mar. 29, 2024).* The search issues on appeal weren’t the issues in the trial … Continue reading

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TN: Owner of cell phone doesn’t need to be known for SW for it

Search warrants are directed at things and information, and the fact officers didn’t know the owner of the cell phone didn’t mean the warrant was invalid. The phone revealed internet searches about a homicide before it was public knowledge. State … Continue reading

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GA: SW for marijuana supported plain view seizure of firearms, ammunition, and body armor

Police had a search warrant for marijuana. “[E]ven if the seizure of the firearms, ammunition, and body armor is not within the scope of the warrant, we agree with the State that law enforcement was authorized to seize these items … Continue reading

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PA: With PC, moving a car to a police location for a SW was reasonable

Probable cause was developed on the streets for search of defendant’s car for drug evidence when officers saw him take money, return to the car, get something small, and return to the payor, twice. Removing the car to a different … Continue reading

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MA: “Any persons present” clause in SW permitted search of one who left before search but hung around

“We conclude that a search warrant authorizing a search of ‘any person present’ allows a search of any person present in the property to be searched during the execution of the search warrant, including persons present during the execution but … Continue reading

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GA: SW for blood draw specifically didn’t mention testing

Where the search warrant for defendant’s blood only permitted drawing the blood and not testing it, testing it required another warrant. State v. De La Paz, 2024 Ga. App. LEXIS 98 (Mar. 8, 2024). Defendant’s conviction was based in part … Continue reading

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E.D.Pa.: In a cell phone search, cached data was within the “electronic data or memory features” of the phone as provided by the SW

Cached data on defendant’s cell phone is included in “[a]ll documents, including in electronic form, and stored communications including … photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]” The search … Continue reading

Posted in Cell phones, Franks doctrine, Qualified immunity, Scope of search, Standing | Comments Off on E.D.Pa.: In a cell phone search, cached data was within the “electronic data or memory features” of the phone as provided by the SW

CA10: SW for house included detached garage next to it without even mentioning it

The search warrant for defendant’s house included the detached garage on the curtilage without having to mention it. United States v. Ronquillo, 2024 U.S. App. LEXIS 5489 (10th Cir. Mar. 7, 2024). “And the Department of Homeland Security officers did … Continue reading

Posted in Apparent authority, Curtilage, Reasonable suspicion, Scope of search | Comments Off on CA10: SW for house included detached garage next to it without even mentioning it