Category Archives: Scope of search

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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D.Mass.: SW for house permitted search of a hiding place in the outside wall

The defendant had a “hide,” a hiding place outside his house in the wall. The court finds the hide was withing the scope of the search warrant not and did not require a separate search warrant. “I find that the … Continue reading

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PA: Smell of burnt marijuana during a traffic stop is not PC to search the trunk of the car

The smell of burnt marijuana during a traffic stop is not probable cause to search the trunk of the car. Commonwealth v. Scott, 2019 PA Super 154, 2019 Pa. Super. LEXIS 459 (May 10, 2019):

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W.D.Wash.: In CP case, even spreadsheets on a computer can be searched for images

When child pornography is the subject of a search warrant for a cell phone, search of the entire cell phone is permitted. As to a computer, even spreadsheets are subject to search because it’s possible to hide images there. United … Continue reading

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N.D.Cal.: Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a SW exceeded the scope of the warrant

Visiting defendant in the USM lockup directing him to provide his password for his cell phone seized under a search warrant exceeded the scope of the warrant. United States v. Maffei, 2019 U.S. Dist. LEXIS 70314 (N.D. Cal. Apr. 26, … Continue reading

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D.Conn.: SW for hotel room permitted seizure of room key when it was seen before the search

The search warrant for a hotel room authorized seizure of the key to the hotel room to gain access when the officers came upon it. Plain view applied. Even if plain view didn’t apply, the only suppression would be the … Continue reading

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WA: Reversal for unreasonable search of cell phone was required, not dismissal

The court of appeals erred in dismissing defendant’s case rather than reversing for a new trial after cell phone evidence was suppressed. There was other untainted evidence the state could use to try to convict on a retrial. State v. … Continue reading

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