Category Archives: Scope of search

D.Me.: Attic is part of the premises for consent or a SW

The attic is a part of the premises, and it’s part of a consent to search a house. The First Circuit already held that a search warrant for a house includes the attic. United States v. Gardiner, 2017 U.S. Dist. … Continue reading

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D.Mont.: Def’s live-in girlfriend’s consent was enough to expand the SW beyond its particularity; she volunteered something police weren’t even looking for

Defendant had an argument with his live-in girlfriend which escalated about the time the police arrived to hear it outside. They got a search warrant for his handgun, some papers, and her belongings to help her get out. She assisted … Continue reading

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PA: SW for house permitted search of guest’s pants that were on floor when the police arrived

Police came with a drug search warrant into the house of another where defendant was sleeping with a woman, and told him to get up. He reached for his nearby pants, and they took them and searched them finding his … Continue reading

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OH8: Smell of raw MJ from car didn’t support search of envelopes in car

Defendant was stopped by Cleveland State University officers for a traffic offense, and there was a strong smell of marijuana coming from the car. That gave probable cause to search generally for the source of the marijuana, but the court … Continue reading

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CO: SW for things that could transmit pictures to a computer fairly included a digital camera

The search warrant was for digital images and was for computers, storage media, and things that could transmit pictures to the computer. That fairly included defendant’s digital camera. People v. Raehal, 2017 COA 18, 2017 Colo. App. LEXIS 199 (Feb. … Continue reading

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OH7: The SW included def’s car, and her driving off before police could search it didn’t prevent stopping and searching it away from the house

The search warrant for defendant’s house included her car. When he arrived there, the police attempted to stop her to search the car, but she got away and was stopped about a mile away. Because the warrant provided for the … Continue reading

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CA4: Drugs on an occupant of a vehicle supports a search of the trunk and other compartments

Drugs on an occupant of a vehicle supports a search of the trunk and other compartments. United States v. Brown, 2017 U.S. App. LEXIS 1720 (4th Cir. Jan. 31, 2017). Defendant appeals a supervised release search term that does not … Continue reading

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CA5: The length of computer search didn’t make it unreasonable where def was a lawyer and taint team had to do first review

Defendant was a lawyer who took his computer in to have the data on the hard drive switched to a new computer. The service guy doing the job noticed file names suggestive of child pornography and he saw at least … Continue reading

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N.D.Cal.: Documents seized beyond SW terms in computer search suppressed

The government seized documents in a computer search that are outside the warrant because it didn’t comply with a Comprehensive Drug Testing computer search protocol, but it declines to remove them from its computer image file because it would taint … Continue reading

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D.Mass.: The things to be searched for in SW could be kept in a safe, so the safe could be opened

“Here, it was reasonable to believe that items named in the search warrant—drugs, money, and records—could be stored in safes located in Owens’s bedroom. Thus, the police searching Owens’s bedroom had the authority to pry open the safes they found … Continue reading

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