Category Archives: Scope of search

E.D.Va.: SW authorized search of safe in house even though in room of another occupant

The search warrant authorized a search of a safe in a house even though the room it was in wasn’t occupied by the target of the search. The search warrant wasn’t stale because the drug activities it refers to were … Continue reading

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W.D.Mo.: Mask ordinance doesn’t violate 4A right of privacy

The City of Springfield mask ordinance does not violate, inter alia, the Fourth Amendment right to privacy. Shelton v. City of Springfield, 6:20-cv-03258 (W.D. Mo. Sept. 2, 2020). “In specifically detailing the criminal conduct under investigation, the search warrants provide … Continue reading

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D.Alaska: SW for cell phone was broad; it had to be, but not unreasonably so

The search of defendant’s cell phone did not unreasonably exceed the search warrant for it which was necessarily broad. “As a threshold matter, the search did not exceed the scope of the warrant. Without contesting the validity of the warrant … Continue reading

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CA5: IP address accessing bank accounts for alleged fraud was PC as to that address

“Based on these facts, it was not unreasonable for law enforcement to believe there was probable cause that evidence of the scheme would be found at Traore’s residence nearly a year after the bank account was last accessed from his … Continue reading

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IN: Search of def’s car when he shows up at home while SW being executed there was reasonable even though SW didn’t mention car

“Do law-enforcement officers violate either constitution by searching a person’s vehicle when the person drives that vehicle up to his or her house while officers are there executing a search warrant for the house that does not address vehicles? Based … Continue reading

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OR: Apparent authority to consent to search of contents of car here limited to his own stuff

There were two people in a van and a consent search was sought; the police needed to make sure that one didn’t consent to search of property under control of the other. “As a matter of law, actual authority over … Continue reading

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N.D.Ga.: First class mail is closed to Customs inspection; priority mail is not

There is a reasonable expectation of privacy in first class mail and mail with full postage from a customs search coming into the Virgin Islands. 19 C.F.R. § 145.1. Priority class mail is subject to customs inspection. United States v. … Continue reading

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TX6: Even if def’s vehicle was over the property line and not on the property subject to SW, was the officer’s mistake reasonable?

Officers had a search warrant for vehicles on a particular piece of property. Defendant contended his vehicle wasn’t on the property. Even if the officer was wrong, was his belief unreasonable? “The Brinegar Court explained the requirement of reasonableness in … Continue reading

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TX2: SW for seizure of blood includes the ability to analyze it

It is well settled in Texas that a search warrant for blood in a DUI case includes the ability to analyze it. Jacobson v. State, 2020 Tex. App. LEXIS 3447 (Tex. App. – Ft. Worth Apr. 23, 2020). Defendant’s CSLI … Continue reading

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MD: SW for car didn’t include cell phone in def’s pocket when stopped

The search warrant for defendant’s car was specific as to the car and it’s contents, but didn’t include a cell phone found in defendant’s pocket when the car was stopped. State v. Zadeh, 2020 Md. LEXIS 173 (Apr. 3, 2020).

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CA8: SW to seize a car implicitly includes seizing the keys to it

A search warrant to seize a car implicitly includes seizing the keys to it. “Thiel also maintains that Baker and Minor went too far in executing the second warrant when they seized antique handguns, handguns in unopened boxes, and gun … Continue reading

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CA8: SW for already seized cell phone came from SW for far more; apparently created confusion, but not suppression

Officers had seized defendant’s phone and applied for a search warrant for it and other things at the same time, and that led to a motion to suppress the phone search. “Suellentrop argues that the search of the phone was … Continue reading

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N.-M.: Exceeding scope of consent required suppression

Defendant gave consent to Army CID at Ft. Lejeune to look in Facebook Messanger to investigate a theft where defendant was the alleged victim. The CID investigator went into the phone and searched 43,000 thumbnail images hoping to find child … Continue reading

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CA5: Def’s office in building behind his house was properly searched under IRS SW for house/office for records where officers relied on address publicly listed

IRS agents’ search of the home office behind defendant’s home was reasonable and did not violate the Fourth Amendment where the search warrant described defendant’s primary residence but the office carried a different address. It was reasonable to believe the … Continue reading

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OH5: Driver’s consent to search car doesn’t extend to passenger’s backpack

Driver’s consent to search car did not extend to passenger’s backpack. The state’s reliance on inventory failed for not proving up the policy. State v. Pennington, 2020-Ohio-757, 2020 Ohio App. LEXIS 688 (5th Dist. Mar. 2, 2020). “After considering the … Continue reading

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DE: Def’s consent overcame overbreadth issue; “all digital contents” includes photos

The scope of the search of defendant’s cell phone data was overbroad, but defendant consented: “However, Defendant consented to the search of ‘all digital contents’ of his cell phone. Based on the scope of this consent, the police were permitted … Continue reading

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