Category Archives: Scope of search

Cal.4th: Passenger’s parole status permitted search of entire passenger compartment

Defendant was in a car with a parolee. After a valid stop, the parolee gave a false name, and the officer eventually got the right name and parole status. A search of the whole car was permissible even though the … Continue reading

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OH12: Police with SW for clothes didn’t need to determine whose were in a clothes pile before searching it

The search warrant was for a multitude of things in defendant’s house, including cell phones and clothing worn during the crime. A clothes pile could be searched without first determining whose clothes were apparently there. The pockets could be searched, … Continue reading

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FL: Photographs of house interior taken during search for bank card could be used at trial

Defendant was a suspect in a murder, and the police had probable cause for a search warrant for his house to look for the victim’s bank card. They did not find the bank card, but they took 150 photographs of … Continue reading

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CA4: $41,000 cash could be seized in execution of a warrant for marriage and immigration fraud based on def’s explanation

$41,000 cash could be seized in execution of a warrant for marriage and immigration fraud even though its evidentiary significance wasn’t instantly obvious. United States v. Kimble, 2017 U.S. App. LEXIS 7776 (4th Cir. May 2, 2017):

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W.D.N.Y.: Despite bad SW drafting, text messages are “records” in a cell phone

“[N]otwithstanding the warrant’s poor grammar and ‘unwieldy’ language,” the court finds that text messages are included within the definition of “records” in the defendant’s cell phone. United States v. Swinton, 2017 U.S. Dist. LEXIS 62172 (W.D. N.Y. April 24, 2017):

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CA8: Once PC for vehicle established, search can go wherever the things to be sought could be found; air compressor could be broken into for drugs

Defendant’s traffic stop was not unlawfully prolonged given the officer’s observations of the truck’s contents, the seeming implausibilities and inconsistencies in the responses to the officer’s routine questions, the reasonable suspicion the officer developed as a result of those improbable … Continue reading

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CA5: SW for 320 CR 401 didn’t include 320A; telephonic warrant fails for lack of a record of what caused to issue

A search warrant for 320 CR 401 did not objectively include 320A CR 401, a different address and building 200 yards away with a separate electric meter, so summary judgment was improperly granted the police. In addition, a telephone warrant … Continue reading

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TN: Scope of probation search can be limited by the terms of the search condition

The probation search here lacked reasonable suspicion because the CI wasn’t adequately corroborated to amount to reasonable suspicion. Also, the probation search here was limited to the areas in the house controlled by the defendant’s under the search condition imposed … Continue reading

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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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